R v Wetmore

R v Wetmore

The Court denied an adjournment, held that Friesen principles apply to this pre-Friesen offence, confined sentencing to the theory of liability advanced at trial, and found a 15‑month conditional sentence order followed by two years probation to be fit and not dangerous to the community; ancillary orders (lifetime SOIRA, primary-designated DNA collection, $100 victim surcharge, and prohibitions on unsupervised contact with children) were imposed.

Citation
2025 NSPC 16
Parties
Crown/prosecution: His Majesty the King; Accused/defendant: Mark Wetmore
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
27 June 2025
Procedural Posture
Criminal / Sentencing
Outcome
Conditional sentence order imposed for 15 months; followed by a two-year probation order; DNA collection and lifetime SOIRA ordered; $100 victim surcharge imposed; publication restriction under s.486.4 maintained; no §161 community-spaces prohibition imposed.
Legal Topics
Child Luring (s.172.1), Conditional Sentence Order, Sex Offender Registration (soira), DNA Collection, Publication Restriction (s.486.4), Application of R V Friesen to Pre Friesen Offences, Adjournment Pending Appeal
Source Language
English
Criminal Law Sentencing Child Sexual Offences Child Luring (s.172.1) Conditional Sentence Order Sex Offender Registration (soira) DNA Collection Publication Restriction (s.486.4) +2 more

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Parties

His Majesty the King

Crown/prosecution

Mark Wetmore

Accused/defendant

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Whether to adjourn sentencing pending appeal of separate convictions
  2. 2 Whether Friesen principles apply to an offence committed prior to Friesen
  3. 3 Whether a conditional sentence order is available and fit

Ratio Decidendi

The Court denied an adjournment, held that Friesen principles apply to this pre-Friesen offence, confined sentencing to the theory of liability advanced at trial, and found a 15‑month conditional sentence order followed by two years probation to be fit and not dangerous to the community; ancillary orders (lifetime SOIRA, primary-designated DNA collection, $100 victim surcharge, and prohibitions on unsupervised contact with children) were imposed.

Court Disposition

Conditional sentence order imposed for 15 months; followed by a two-year probation order; DNA collection and lifetime SOIRA ordered; $100 victim surcharge imposed; publication restriction under s.486.4 maintained; no §161 community-spaces prohibition imposed.

Orders

  • 15-month conditional sentence order (to be served in the community)
  • Two-year probation order to follow the CSO