What is the test for a sexual assault offence under Section 25(SCC) of the Criminal Code of Canada?
Alberta, Canada
The following excerpt is from R. v. Svekla, 2010 ABQB 370 (CanLII):
Thirdly, I must determine if this conduct is likely to continue and, as described in the leading case on the subject, Lyons v. The Queen (1987) 1987 CanLII 25 (SCC), 37 C.C.C. (3d) 1, at p. 20 “ to result in the kind of suffering against which the section seeks to protect, namely, conduct endangering the life, safety or physical well-being of others or, in the case of sexual offences, conduct causing injury, pain or other evil to other persons.”
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