R. v. G.P.W.

R. v. G.P.W.

The appropriate global sentence is six years imprisonment with remand credit calculated at 1.5:1; no additional COVID-period remand credit awarded because evidence established the accused was housed in a privileged unit with single-bunking and no COVID cases and there was insufficient evidence of particularly harsh remand conditions; Kienapple applied to stay duplicate counts; lifetime SOIRA, DNA, lifetime firearms prohibition, s.161 and s.743.21 orders imposed.

Citation
2021 NSSC 192
Parties
Crown: Her Majesty the Queen; Accused: G.P.W.
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
2 June 2021
Procedural Posture
Criminal / Sentencing
Outcome
Accused G.P.W. sentenced to a global term of six years imprisonment; remand credit applied at 1.5:1; no additional COVID-related remand credit awarded; ancillary orders imposed.
Legal Topics
Restriction on Publication, Remand Credit (duncan Credit), Sexual Assault, Sexual Interference, Making Child Pornography, Position of Trust, Ancillary Orders (soira, DNA, Firearms Prohibition)
Source Language
English
Criminal Law Sexual Offences Child Exploitation Sentencing Restriction on Publication Remand Credit (duncan Credit) Sexual Assault Sexual Interference +3 more

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Parties

Her Majesty the Queen

Crown

G.P.W.

Accused

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate custodial sentence for multiple sexual offences against a child
  2. 2 Whether enhanced remand credit due to COVID-19/lockdown conditions is warranted
  3. 3 Application of the Kienapple principle to stay duplicate convictions

Ratio Decidendi

The appropriate global sentence is six years imprisonment with remand credit calculated at 1.5:1; no additional COVID-period remand credit awarded because evidence established the accused was housed in a privileged unit with single-bunking and no COVID cases and there was insufficient evidence of particularly harsh remand conditions; Kienapple applied to stay duplicate counts; lifetime SOIRA, DNA, lifetime firearms prohibition, s.161 and s.743.21 orders imposed.

Court Disposition

Accused G.P.W. sentenced to a global term of six years imprisonment; remand credit applied at 1.5:1; no additional COVID-related remand credit awarded; ancillary orders imposed.

Orders

  • Count 4 (s.151) – 3 years imprisonment
  • Count 5 (s.163.1(2)) – 3 years concurrent to Count 4