R. v. G.R.

R. v. G.R.

Given the guilty pleas, the agreed factual matrix, the joint recommendation of experienced counsel and available supervised community resources, a conditional sentence of two years less a day, served in the residence with statutory and agreed conditions, is a fit and proper sentence in these particular circumstances; a lifetime s.161 prohibition is imposed; s.110 prohibition is rejected on these facts; publication bans on victims' names are imposed and the accused's name is subject to restriction only upon media intervention.

Citation
2001 NSSC 183
Parties
Crown: Her Majesty the Queen; Accused: G. R.
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
3 April 2001
Procedural Posture
Criminal / Sentencing
Outcome
Conditional sentence of imprisonment of two years less a day to be served in the community under statutory and agreed supervisory conditions, concurrent on the counts; lifetime prohibition order under s.161 imposed; s.110 prohibition not imposed; publication ban on victims' names and limited publication restriction...
Legal Topics
Conditional Sentence, Denunciation, Deterrence, Victim Impact, Prohibition Order S.161, Concurrent Sentences
Source Language
English
Criminal Law Sentencing Sexual Offences Publication Ban Conditional Sentence Denunciation Deterrence Victim Impact +2 more

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Parties

Her Majesty the Queen

Crown

G. R.

Accused

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriateness of a conditional sentence for sexual offences involving children
  2. 2 Effect of guilty pleas on sentencing and victim trauma
  3. 3 Application of prohibition orders under s.161 of the Criminal Code

Ratio Decidendi

Given the guilty pleas, the agreed factual matrix, the joint recommendation of experienced counsel and available supervised community resources, a conditional sentence of two years less a day, served in the residence with statutory and agreed conditions, is a fit and proper sentence in these particular circumstances; a lifetime s.161 prohibition is imposed; s.110 prohibition is rejected on these facts; publication bans on victims' names are imposed and the accused's name is subject to restriction only upon media intervention.

Court Disposition

Conditional sentence of imprisonment of two years less a day to be served in the community under statutory and agreed supervisory conditions, concurrent on the counts; lifetime prohibition order under s.161 imposed; s.110 prohibition not imposed; publication ban on victims' names and limited publication restriction...

Orders

  • Conditional sentence of two years less a day to be served in residence under Criminal Code conditional sentence terms
  • Sentence to be served concurrently on the counts