R. v. MacLean

R. v. MacLean

The court accepted the joint recommendation of a two-year custodial sentence because the joint submission did not bring the administration of justice into disrepute; the offender's conduct was clearly criminal notwithstanding any factual characterization of 'consent' because the complainant was under 16 (s.150.1), and aggravating factors including child abuse and victim impact justified a significant custodial sentence together with statutory ancillary orders.

Citation
2015 NSPC 70
Parties
Prosecution: Her Majesty the Queen; Accused: Nathan Fred Grant MacLean
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
15 October 2015
Procedural Posture
Criminal Sexual Offence (s.151 Criminal Code) / Sentencing
Outcome
Accepted joint recommendation; offender sentenced to two years' imprisonment; ancillary orders imposed.
Legal Topics
Section 151 Criminal Code (sexual Intercourse With Person Under 16), Consent Immaterial Under S.150.1, Mandatory Minimum Sentences, Publication Ban (s.486.4), SOIRA (sex Offender Registry), Section 161 Prohibitions, Victim Surcharge and Restitution, DNA Collection Orders, Firearm Prohibition Orders, Joint Recommendation/deference to Plea Agreement
Source Language
English
Criminal Law Sentencing Sexual Offences Child Protection Section 151 Criminal Code (sexual Intercourse With Person Under 16) Consent Immaterial Under S.150.1 Mandatory Minimum Sentences Publication Ban (s.486.4) +6 more

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Parties

Her Majesty the Queen

Prosecution

Nathan Fred Grant MacLean

Accused

Procedural Posture

Criminal Sexual Offence (s.151 Criminal Code) / Sentencing

Legal Issues

  1. 1 Whether to accept a joint recommendation for sentence
  2. 2 Relevance of complainant consent where complainant is under 16 (s.150.1)
  3. 3 Appropriate sentence length given aggravating factors including child abuse and victim impact

Ratio Decidendi

The court accepted the joint recommendation of a two-year custodial sentence because the joint submission did not bring the administration of justice into disrepute; the offender's conduct was clearly criminal notwithstanding any factual characterization of 'consent' because the complainant was under 16 (s.150.1), and aggravating factors including child abuse and victim impact justified a significant custodial sentence together with statutory ancillary orders.

Court Disposition

Accepted joint recommendation; offender sentenced to two years' imprisonment; ancillary orders imposed.

Orders

  • Imposed custodial sentence of two years' imprisonment in a federal institution.
  • Victim surcharge of CAD 300, payable within 48 months.