R. v. Fidgen

R. v. Fidgen

Given the high gravity of an adult deliberately targeting a 10‑year‑old, the near‑identical prior conviction and recent recidivism, aggravating factors substantially outweighed mitigation; pursuant to principles in s.718, s.718.01 and R. v. Friesen the appropriate sentence was three years incarceration for sexual interference with concurrent three month terms for resisting and breach, together with ancillary mandatory and discretionary orders; enhanced pre‑trial custody credit was applied (334 days to 501 days) resulting in 594 days remaining to serve.

Citation
2026 NSPC 14
Parties
Crown: His Majesty the King; Accused: Cole Fidgen
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
16 January 2026
Procedural Posture
Criminal / Sentencing
Outcome
Accused convicted of sexual interference (s.151) and sentenced to three years custody; convicted on resisting arrest (s.129(a)) and breach of probation (s.733.1(1)) with concurrent three month terms; sexual assault charge stayed under Kienapple; enhanced pre‑trial credit applied yielding 594 days remaining to serve.
Legal Topics
Child Sexual Abuse, Sexual Interference, Resisting Arrest, Breach of Probation, Ancillary Orders, Pre Trial Detention Credit, Publication Ban
Source Language
English
Criminal Law Sexual Offences Sentencing Child Sexual Abuse Sexual Interference Resisting Arrest Breach of Probation Ancillary Orders +2 more

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Parties

His Majesty the King

Crown

Cole Fidgen

Accused

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for sexual interference of a 10-year-old
  2. 2 Application of R. v. Friesen principles to non‑penetrative child sexual abuse
  3. 3 Effect of prior nearly identical conviction and recidivism on culpability and sentence

Ratio Decidendi

Given the high gravity of an adult deliberately targeting a 10‑year‑old, the near‑identical prior conviction and recent recidivism, aggravating factors substantially outweighed mitigation; pursuant to principles in s.718, s.718.01 and R. v. Friesen the appropriate sentence was three years incarceration for sexual interference with concurrent three month terms for resisting and breach, together with ancillary mandatory and discretionary orders; enhanced pre‑trial custody credit was applied (334 days to 501 days) resulting in 594 days remaining to serve.

Court Disposition

Accused convicted of sexual interference (s.151) and sentenced to three years custody; convicted on resisting arrest (s.129(a)) and breach of probation (s.733.1(1)) with concurrent three month terms; sexual assault charge stayed under Kienapple; enhanced pre‑trial credit applied yielding 594 days remaining to serve.

Orders

  • Three years imprisonment for sexual interference (s.151)
  • Three months imprisonment for resisting a peace officer (s.129(a)), concurrent to the three‑year term