Little known criminal code subsection in spotlight
San Francisco, CA -- (SBWIRE) -- 10/05/2012 -- An obscure subsection of the Canadian Criminal Code is gaining attention as a British Columbia court prepares for a hearing on conditions to be imposed on a B.C. sex offender.
Christopher Neil, 37, is expected to return to B.C. after serving a prison sentence for sexually abusing a boy in Thailand.
A provincial court judge will consider the Crown’s request for conditions on Neil’s freedom based on Section 810.1 of the Criminal Code.
That provision states that police can arrest and hold someone based on their reasonable fear that he or she may commit a sexual offence against someone 16 years of age or younger.
Mounties said they invoked the law when Neil recently arrived at the Vancouver airport. They did so due to their believe that although he had served time for his offence committed abroad, they believe he still represents a threat to the community.
CTV legal analyst Steven Skurka said the court could impose any number of a wide range of conditions. "He's served his sentence, he has no parole or probation restrictions on him, and yet, he could be subject to electronic monitoring, curfew, not being able to leave the province, the city or the country," Skurka said.
It is possible Neil could be prohibited from having any contact with children, said Skurka. The judge might also restrict his Internet access and add his name to the National Sex Offender Registry.
While these conditions appear punitive in nature, Skurka said they are geared toward controlling behaviour in hopes of preventing future sexual offences.
The fact that Mounties arrested Neil at the airport has influenced the public regarding whether it believes he is a threat, said Skurka. "We have to face that problem," Skurka said.
Neil was the subject of an international manhunt after a warrant was issued for his arrest in 2007. The warrant was based on his alleged abuse of a dozen Cambodian and Vietnamese boys. He was accused of posting hundreds of pictures of the abuse online. He became known as ‘Swirl Face,’ owing to his use of a digital swirl effect to disguise his face in posted pictures.
Police arrested Neil in Nakhon Ratchasima, Thailand after German computer experts reversed the swirl, revealing Neil’s identity.
Neil was sentenced to three years and three months in prison after pleading guilty to sexually assaulting two Thai boys, aged 13 and nine.
Canadian authorities have said they do not know where Neil plans to reside after his release.
DBCrimLaw.com.au (http://dbcrimlaw.com.au/offence/sex-offences.html) is a Melbourne-based legal firm specialising in criminal law and have competent sex offence lawyer. A significant portion of its practice relates to representing people charged with sex offences. It is important for the accused to understand that the laws of evidence relating to the prosecution of sexual offences is very complicated and in many circumstances time limits apply. For that reason, Dribbin & Brown urge those accused of such offences to seek a sex offence solicitor as soon as possible.
Copyright © 2005-2013 - SBWire, The Small Business Newswire - All Rights Reserved - Important Disclaimer
Contact Us: 888-4-SBWIRE (US) - 920-593-5640 (International)