R. v. W.M.

R. v. W.M.

The Crown failed to prove beyond a reasonable doubt that W.M. will likely reoffend at the time of release after serving the custodial sentence; although a pattern of repetitive sexual offending causing likely severe psychological harm was established, the required probability of recidivism at release could not be met given the offender's advanced age, health and expert evidence regarding age-related risk decline, so the court declined to designate W.M. a Long-Term Offender; the court imposed a global custodial sentence of 12.5 years (with 4.5 years remand credit for a go-forward term of 8 years) and imposed specified ancillary orders (SOIRA life, primary DNA, weapons prohibition life,...

Citation
2023 NSPC 30
Parties
Crown: His Majesty the King; Accused: W.M.
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
20 April 2023
Procedural Posture
Criminal Long Term Offender Application and Sentencing / Decision
Outcome
Long-Term Offender application denied; custodial sentence 12.5 years with 4.5 years remand credit (net 8 years to serve); LTSO not imposed
Legal Topics
Long Term Offender Designation, Long Term Supervision Order, Risk Assessment and Recidivism, Possession of Child Pornography, Sentencing Principles and Totality, Pre Sentence Custody Credit
Source Language
English
Criminal Law Sentencing Sexual Offences Child Protection Correctional Supervision Long Term Offender Designation Long Term Supervision Order Risk Assessment and Recidivism +3 more

Case Brief

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Parties

His Majesty the King

Crown

W.M.

Accused

Procedural Posture

Criminal Long Term Offender Application and Sentencing / Decision

Legal Issues

  1. 1 Whether the Crown proved a substantial risk of reoffending under s.753.1(1)
  2. 2 Whether the Crown established the deeming presumption in s.753.1(2) (pattern and likelihood of severe psychological harm)
  3. 3 Whether the court should exercise its discretion to decline an LTO designation

Ratio Decidendi

The Crown failed to prove beyond a reasonable doubt that W.M. will likely reoffend at the time of release after serving the custodial sentence; although a pattern of repetitive sexual offending causing likely severe psychological harm was established, the required probability of recidivism at release could not be met given the offender's advanced age, health and expert evidence regarding age-related risk decline, so the court declined to designate W.M. a Long-Term Offender; the court imposed a global custodial sentence of 12.5 years (with 4.5 years remand credit for a go-forward term of 8 years) and imposed specified ancillary orders (SOIRA life, primary DNA, weapons prohibition life,...

Court Disposition

Long-Term Offender application denied; custodial sentence 12.5 years with 4.5 years remand credit (net 8 years to serve); LTSO not imposed

Orders

  • Custodial sentence of 12.5 years (less 4.5 years remand credit)
  • No Long-Term Offender designation