What are the best defences to child luring?

>>What are the best defences to child luring?

The best defence to a child luring charge will depend heavily on the unique circumstances of the offence. In order to find out how you can most effectively defend yourself following this charge, contact one of our skilled and experienced criminal defence lawyers immediately.

One common defence to this charge is to argue that you did not know that the complainant was under the age of 16. Often young people will lie about their age online and it can be difficult to discern a person’s true age without face to face communication. So long as you took reasonable steps to ascertain the true age of the complainant, and so long as you subsequently honestly believed them to be of age to consent, you can effectively argue that you did not have the mental intent required for this offence. Because you need to have taken some legitimate steps to determine the true age of the complainant in order to use this defence, you will not be able to raise this argument if you were wilfully blind as to the age of the complainant. That is, if there was information or cues that suggested the individual was a minor, but you deliberately chose not to make further inquiries about their age, you could be deemed wilfully blind and be found guilty of this offence. This being said, in some circumstances taking reasonable steps to ascertain the complainant’s age requires something more than passive observation or passive reliance on cues like the complainant’s manner of speech, speed of typing, or the nature of the platform through which you were communicating.

If you were charged with luring a child through an operation with a police officer acting as a young person online, under specific circumstances you may be able to use the defence of entrapment. Entrapment is where the police essentially induce you or abet you to commit a crime that you were otherwise not involved with. To successfully raise the defence of entrapment, you will have to demonstrate that:

  • The police did not have reasonable suspicion to believe that you were already engaged in the alleged offence, but they provided you with an opportunity to commit the offence anyway; or,
  • The police had a reasonable suspicion that you were engaged in the alleged offence, however, they went beyond providing you with a mere opportunity to commit the offence. Rather, they did something to induce you to commit the offence.

While the defence of entrapment is incredibly difficult to raise, if you were able to successfully do so you would be granted a stay of proceedings.

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All our 30-60 minute free consultations are conducted with one of our Criminal Defence Lawyers and include the following steps:

  1. Gathering of some personal information about you, such as your level of education, occupation, and citizenship status. This information can be crucial for building your defence and seeking a resolution with the Crown Prosecutor;
  2. Careful review of all documents you received from the police. We will explain what each document is, and what you can expect from and need to do for all upcoming appearances;
  3. Critical review of your recollection of events, and any supporting materials you choose to bring with you. This step helps us identify possible defences and avenues for further investigation; and
  4. Discussion of the court process, our fee structure, and what we can do to help.

Beyond these steps, we would be happy to tell you more about us, and answer any questions you may have. If you chose to retain us to help you, we will immediately provide an overview of what steps we plan to take next, and suggestions as to what you should do to improve your chances of a successful outcome.

For the free initial consultation to be as productive as possible, you should bring (or email in advance) the following materials:

  • A written statement (preferably typed) outlining your version of events;
  • All documents that you have been given by the court or by the police;
  • Any disclosure you have received;
  • Photo ID; and
  • Any supporting documents, such as photographs, emails, texts, phone records, medical records, receipts, etc.

Ideally, you will have prepared a copy of these materials for us to keep, but if not, we can always photocopy them during the consultation.

We offer flexible payment options and structures designed to meet our clients’ individual needs. Our lawyers accept all major credit cards, bank drafts, money orders, email money transfers (e-transfers) and, of course, cash.

If you decide to retain us after the free initial consultation, all we need is a retainer (down payment) to get started. The rest of the fee payments for the case can be spaced out over time. We can set you up on a monthly or bi-monthly payment plan, and process payments over the telephone or by email to make it easy for you.

The cost of a criminal defence lawyer will depend on several factors, including:

  1. how complex your case is,
  2. how serious the charges are, and
  3. how experienced the Criminal Defence lawyer is.

The fees of a competent Criminal Defence Lawyer will typically range into the thousands of dollars. The good news is that only a fraction of that amount is due initially. We offer flexible payment schedules so thefees can be paid in monthly installments.

Additionally, we offer flat rate fees, with no hidden costs. It is our standard practice to review all the costs during the free initial consultation. This means you will know exactly what our services cost at the outset and can make an informed decision about how to proceed.