R. v. Noiles

R. v. Noiles

Given the extreme gravity of the offences, the age and vulnerability of the victim, the accused's extensive and similar prior record, the joint recommendation of experienced counsel and the Crown's decision not to seek dangerous offender designation, the appropriate and fit sentence is life imprisonment for the break and enter with intent, 14 years for the sexual assault, with 10 years parole ineligibility and ancillary orders (DNA, lifetime SOIRA, lifetime weapons ban).

Citation
2012 NSPC 113
Parties
Prosecution: Her Majesty the Queen; Accused: Paul Noiles
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
19 December 2012
Procedural Posture
Criminal / Sentencing
Outcome
Accused convicted and sentenced: life imprisonment for break and enter with intent; 14 year imprisonment for sexual assault; parole ineligibility 10 years; DNA order; lifetime SOIRA registration; lifetime weapons prohibition.
Legal Topics
Break and Enter, Sexual Assault, Sentencing Principles, Victim Impact, Dangerous Offender, DNA Order, SOIRA (sex Offender Registry), Parole Ineligibility
Source Language
English
Criminal Law Sentencing Sexual Offences Property Offences Break and Enter Sexual Assault Sentencing Principles Victim Impact +4 more

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Parties

Her Majesty the Queen

Prosecution

Paul Noiles

Accused

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for break and enter with intent and sexual assault against an elderly victim
  2. 2 Application of Criminal Code s.718 principles (denunciation, deterrence, separation, rehabilitation, reparation, responsibility)
  3. 3 Whether dangerous offender proceedings should be pursued

Ratio Decidendi

Given the extreme gravity of the offences, the age and vulnerability of the victim, the accused's extensive and similar prior record, the joint recommendation of experienced counsel and the Crown's decision not to seek dangerous offender designation, the appropriate and fit sentence is life imprisonment for the break and enter with intent, 14 years for the sexual assault, with 10 years parole ineligibility and ancillary orders (DNA, lifetime SOIRA, lifetime weapons ban).

Court Disposition

Accused convicted and sentenced: life imprisonment for break and enter with intent; 14 year imprisonment for sexual assault; parole ineligibility 10 years; DNA order; lifetime SOIRA registration; lifetime weapons prohibition.

Orders

  • Life imprisonment for break and enter with intent (maximum)
  • Fourteen year imprisonment for sexual assault (s.272)