R. v. Blinn

R. v. Blinn

A Conditional Sentence Order would not be consistent with the fundamental purpose and principles of sentencing in these facts given the young victims, breach of trust, grooming and extended conduct; actual custody is necessary for denunciation and general deterrence; imposed global sentence of 12 months custody (consecutive three months on each count) with 36 months probation and specified ancillary orders.

Citation
2018 NSPC 32
Parties
Crown: Her Majesty the Queen; Accused: Paul Emile Blinn
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
31 July 2018
Procedural Posture
Criminal / Sentencing
Outcome
Guilty pleas accepted; sentence imposed: 12 months custody (three months consecutive on each of four counts); followed by 36 months probation; ancillary orders issued.
Legal Topics
Conditional Sentence Order, Mandatory Minimums, Sexual Assault, Grooming, SOIRA Orders, DNA Order, Firearms Prohibition, Victim Fine Surcharge, Charter S.12 (cruel and Unusual)
Source Language
English
Criminal Law Sentencing Sexual Offences Child Protection Conditional Sentence Order Mandatory Minimums Sexual Assault Grooming +5 more

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Parties

Her Majesty the Queen

Crown

Paul Emile Blinn

Accused

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Whether a Conditional Sentence Order is available and appropriate
  2. 2 Whether mandatory minimum custodial sentence for s.152 (45 days) applies and whether it offends s.12 Charter
  3. 3 Appropriate global sentence and structure (concurrent vs consecutive)

Ratio Decidendi

A Conditional Sentence Order would not be consistent with the fundamental purpose and principles of sentencing in these facts given the young victims, breach of trust, grooming and extended conduct; actual custody is necessary for denunciation and general deterrence; imposed global sentence of 12 months custody (consecutive three months on each count) with 36 months probation and specified ancillary orders.

Court Disposition

Guilty pleas accepted; sentence imposed: 12 months custody (three months consecutive on each of four counts); followed by 36 months probation; ancillary orders issued.

Orders

  • Three months custody on each count to be served consecutively (total 12 months custody)
  • Probation for 36 months with terms to be specified at sentencing