New section 34 (2) (d) and examples
insert
(d) for a sexual offence against a child—the offender has good character, to the extent that the offender's good character enabled the offender to commit the offence.
Examples—good character enabled offender to commit offence
1 The offender's good character was one reason the offender was selected to supervise children on a camp. The offender began to establish a relationship with children at the camp to obtain their compliance in acts of a sexual nature.
2 A child's parents trusted the offender to care for the child because of the offender's authority in their community. The offender held authority in the community in part because of the offender's good character. The offender sexually abused the child including while the child was in the offender's care.
Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act
, s 126 and s
132).
Part 4 Criminal Code 2002