Her Majesty the Queen v. D.L.W.

(British Columbia) (Criminal) (As of Right)

(Publication ban in case) (Publication ban on party)


Criminal law.


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Criminal law - Bestiality - Elements of the offence - Whether the offence of bestiality under s. 160(1) of the Criminal Code, R.S.C. 1985, c. C-46, is a general intent offence which encompasses sexual activity of any kind between a person and an animal with penetration not being an essential element of the offence.

The respondent was convicted of several offences, including the offence of bestiality. He appealed the conviction, arguing that penetration is an element of the offence of bestiality, and that because no penetration occurred in this case, he ought to have been acquitted. The Crown argued that the meaning of bestiality is unambiguous and refers to sexual activity of any kind between a person and an animal. A majority of the Court of Appeal allowed the appeal and acquitted the respondent of the bestiality count. Bauman C.J., dissenting, would have dismissed the appeal.