R. v. W.P.K.

R. v. W.P.K.

Thirty months' federal incarceration was imposed because denunciation and deterrence required custody, the offender's daughter's significant cognitive impairment, the offender's prior sexual record and lack of acceptance of responsibility made the offence more serious, and available mitigation (no violence, consent, offender's cognitive issues and 18 months of restrictive release) justified a sentence lower than the Crown's four-year recommendation.

Citation
2012 NSSC 299
Parties
Crown: Her Majesty the Queen; Accused: W. P. K.
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
30 July 2012
Procedural Posture
Criminal Incest/sexual Offence / Sentencing (post Conviction)
Outcome
Accused sentenced to thirty months' imprisonment in a federal institution; ancillary orders made for a s.107 firearm prohibition, DNA test and sexual offender registration; Crown's motion for a playground order declined.
Legal Topics
Incest, Sentencing Principles, Denunciation and Deterrence, Rehabilitation, Risk Assessment, Ancillary Orders (firearm Prohibition, DNA, Sexual Offender Registration)
Source Language
English
Criminal Law Sexual Offences Sentencing Incest Sentencing Principles Denunciation and Deterrence Rehabilitation Risk Assessment +1 more

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Parties

Her Majesty the Queen

Crown

W. P. K.

Accused

Procedural Posture

Criminal Incest/sexual Offence / Sentencing (post Conviction)

Legal Issues

  1. 1 Appropriate sentence for incest with an adult daughter
  2. 2 Whether federal incarceration required for denunciation, deterrence and rehabilitation
  3. 3 Weight of aggravating and mitigating factors (victim cognitive impairment, consent, offender record, lack of remorse)

Ratio Decidendi

Thirty months' federal incarceration was imposed because denunciation and deterrence required custody, the offender's daughter's significant cognitive impairment, the offender's prior sexual record and lack of acceptance of responsibility made the offence more serious, and available mitigation (no violence, consent, offender's cognitive issues and 18 months of restrictive release) justified a sentence lower than the Crown's four-year recommendation.

Court Disposition

Accused sentenced to thirty months' imprisonment in a federal institution; ancillary orders made for a s.107 firearm prohibition, DNA test and sexual offender registration; Crown's motion for a playground order declined.

Orders

  • Thirty months imprisonment to be served in a federal institution
  • Recommendation that accused be placed in a sexual offender program in federal custody