R. v. MacIntosh

R. v. MacIntosh

The court found the acts constituted distinct offences, rejected the Kienapple stay, applied sentencing principles including proportionality, aggravating factor of abuse of minors and the totality principle in light of a prior 4-year sentence, and imposed an 18‑month custodial sentence on the four convictions...

Source-derived case information.

Citation
2011 NSSC 341
Parties
Crown/prosecution: Her Majesty the Queen; Accused/defendant: Ernest Fenwick MacIntosh
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
31 January 2011
Procedural Posture
Criminal / Sentencing Hearing
Outcome
Accused convicted on four counts; sentenced to 18 months custody on these counts, yielding an overall effective sentence of 5 years 8 months when combined with an earlier 4‑year sentence.
Legal Topics
Indecent Assault, Gross Indecency, Totality Principle, DNA Orders, Sex Offender Registration (soira), Kienapple Doctrine, Firearms Prohibition, Section 116 Public Place/employment Restrictions
Source Language
english
Criminal Law Sexual Offences Sentencing Indecent Assault Gross Indecency Totality Principle DNA Orders Sex Offender Registration (soira) +3 more

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Parties

Her Majesty the Queen

Crown/prosecution

Ernest Fenwick MacIntosh

Accused/defendant

Procedural Posture

Criminal / Sentencing Hearing

Legal Issues

  1. 1 Appropriate sentence for historic sexual offences involving persons under 18
  2. 2 Application of the Kienapple doctrine to multiple convictions arising from same incidents
  3. 3 Application of the totality principle given prior related sentences

Ratio Decidendi

The court found the acts constituted distinct offences, rejected the Kienapple stay, applied sentencing principles including proportionality, aggravating factor of abuse of minors and the totality principle in light of a prior 4-year sentence, and imposed an 18‑month custodial sentence on the four convictions (structured as concurrent and consecutive terms to yield 18 months), resulting in a global effective sentence of 5 years 8 months when combined with the prior 4‑year sentence; the court granted a DNA order under s.487.051, refused a SOIRA registration order under s.490.012 and refused s.116 public place/employment restrictions, and granted a firearms prohibition under s.109.

Court Disposition

Accused convicted on four counts; sentenced to 18 months custody on these counts, yielding an overall effective sentence of 5 years 8 months when combined with an earlier 4‑year sentence.

Orders

  • DNA sample order pursuant to s.487.051 granted
  • Sex offender registry order pursuant to s.490.012 (SOIRA) refused