R. v. Finck

R. v. Finck

The offender was sentenced to 18 months for sexual assault and five months consecutive for assault, totaling 23 months (690 days). The sentence reflects aggravating factors—abuse of a domestic partner, lack of remorse, prior record, and significant impact on the victim—and few mitigating factors. The court applied statutory sentencing principles and relevant case law, treated imprisonment as justified given circumstances, and awarded 1.5:1 remand credit for 221 days (330 days), leaving 360 days to serve. Ancillary orders imposed: DNA order, ten‑year weapons prohibition under s.110(2.1), ten‑year SOIRA under s.490.013, a s.734.21 non‑communication order while in custody, waiver of the...

Citation
2017 NSPC 73
Parties
Crown: Her Majesty the Queen; Accused: Matthew Finck
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
29 November 2017
Procedural Posture
Criminal / Sentencing
Outcome
Convicted and sentenced to 18 months for sexual assault and 5 months consecutive for assault; total sentence 23 months (690 days); remand credit applied.
Legal Topics
Domestic Partner Abuse, Aggravating and Mitigating Factors, Remand Credit, Probation Conditions, SOIRA, DNA Order, Weapons Prohibition
Source Language
English
Criminal Law Sexual Assault Assault Sentencing Domestic Partner Abuse Aggravating and Mitigating Factors Remand Credit Probation Conditions +3 more

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Parties

Her Majesty the Queen

Crown

Matthew Finck

Accused

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for sexual assault and assault
  2. 2 Application of sentencing principles (proportionality, denunciation, deterrence, rehabilitation)
  3. 3 Weight of aggravating factors: domestic partner abuse, lack of remorse, prior record, victim impact

Ratio Decidendi

The offender was sentenced to 18 months for sexual assault and five months consecutive for assault, totaling 23 months (690 days). The sentence reflects aggravating factors—abuse of a domestic partner, lack of remorse, prior record, and significant impact on the victim—and few mitigating factors. The court applied statutory sentencing principles and relevant case law, treated imprisonment as justified given circumstances, and awarded 1.5:1 remand credit for 221 days (330 days), leaving 360 days to serve. Ancillary orders imposed: DNA order, ten‑year weapons prohibition under s.110(2.1), ten‑year SOIRA under s.490.013, a s.734.21 non‑communication order while in custody, waiver of the...

Court Disposition

Convicted and sentenced to 18 months for sexual assault and 5 months consecutive for assault; total sentence 23 months (690 days); remand credit applied.

Orders

  • Incarceration 23 months (690 days) with 330 days remand credit (221 days remand at 1.5 ratio) resulting in 360 days remaining to serve
  • DNA order (primary designated offence)