R. v. J.C.M.

R. v. J.C.M.

Given the gravity, prolonged and violent nature of the aggravated sexual assault, the significant injuries and high risk of reoffending, a custodial sentence within the Crown's range is appropriate: 12 years custody with pre-sentence custody credit limited to one-for-one (28 months, 26 days) resulting in a remaining term of 9 years, 7 months and 4 days; additionally impose lifetime prohibition on firearms and explosives, order DNA sample provision, and register under s.490.013(2).

Citation
2013 NSSC 126
Parties
Crown: Her Majesty the Queen; Accused: J. C. M.
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
22 April 2013
Procedural Posture
Criminal Sentencing / Sentencing Hearing
Outcome
Guilty plea accepted previously; sentence imposed of 12 years custody; one-for-one credit for pre-sentence custody of 28 months, 26 days; remaining custody 9 years, 7 months and 4 days.
Legal Topics
Aggravated Sexual Assault, Pre Sentence Custody Credit, Victim Impact, Forensic Sexual Behaviour Assessment, Risk of Reoffending, DNA Evidence, Firearms Prohibition, Sex Offender Registration
Source Language
English
Criminal Law Sexual Offences Sentencing Law Aggravated Sexual Assault Pre Sentence Custody Credit Victim Impact Forensic Sexual Behaviour Assessment Risk of Reoffending +3 more

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Parties

Her Majesty the Queen

Crown

J. C. M.

Accused

Procedural Posture

Criminal Sentencing / Sentencing Hearing

Legal Issues

  1. 1 Appropriate sentence for aggravated sexual assault
  2. 2 Weight of aggravating and mitigating factors including guilty plea
  3. 3 Appropriate pre-sentence custody credit after Truth in Sentencing Act

Ratio Decidendi

Given the gravity, prolonged and violent nature of the aggravated sexual assault, the significant injuries and high risk of reoffending, a custodial sentence within the Crown's range is appropriate: 12 years custody with pre-sentence custody credit limited to one-for-one (28 months, 26 days) resulting in a remaining term of 9 years, 7 months and 4 days; additionally impose lifetime prohibition on firearms and explosives, order DNA sample provision, and register under s.490.013(2).

Court Disposition

Guilty plea accepted previously; sentence imposed of 12 years custody; one-for-one credit for pre-sentence custody of 28 months, 26 days; remaining custody 9 years, 7 months and 4 days.

Orders

  • Sentence of 12 years custody with credit for 28 months, 26 days served
  • Lifetime prohibition on possession of firearms and explosives