R. v. Stewart

R. v. Stewart

The court accepted that the earlier uncharged encounter with I.J. was proven on the record and lawfully considered it as an aggravating factor under para.725(1)(c) given Larche procedural-fairness safeguards; the offences involved sexual predation of minors, use of intoxicants and drugs as bait, and a real risk of reoffending supported a mid-range penitentiary disposition. Applying totality and concurrency principles the judge imposed specific concurrent and consecutive terms that aggregate to a five-year custodial sentence, ordered lifetime SOIRA, DNA and statutory prohibition orders, granted limited remand credit and waived victim surcharges for undue hardship.

Citation
2013 NSPC 64
Parties
Crown/prosecution: Her Majesty the Queen; Accused/offender: Dennis Garry Stewart
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
9 August 2013
Procedural Posture
Criminal Sentencing / Sentencing Decision
Outcome
Offender sentenced to a global custodial term of 5 years; lifetime SOIRA order; DNA collection order; statutory prohibition orders; no victim surcharge
Legal Topics
Sentencing Principles, Internet Luring, Breach of Undertaking, Consideration of Uncharged Conduct, SOIRA and DNA Orders, Prohibition Orders, Remand Credit/truth in Sentencing
Source Language
English
Criminal Law Child Sexual Offences Drug Offences Sentencing Law and Procedure Sentencing Principles Internet Luring Breach of Undertaking Consideration of Uncharged Conduct +3 more

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Parties

Her Majesty the Queen

Crown/prosecution

Dennis Garry Stewart

Accused/offender

Procedural Posture

Criminal Sentencing / Sentencing Decision

Legal Issues

  1. 1 Whether evidence of an uncharged prior sexual encounter could be considered as aggravating under para.725(1)(c)
  2. 2 Appropriate sentence for each count and the global/total sentence applying totality and restraint
  3. 3 Application of statutory aggravating factors for offences against persons under 18 (ss.718.01 and 718.2)

Ratio Decidendi

The court accepted that the earlier uncharged encounter with I.J. was proven on the record and lawfully considered it as an aggravating factor under para.725(1)(c) given Larche procedural-fairness safeguards; the offences involved sexual predation of minors, use of intoxicants and drugs as bait, and a real risk of reoffending supported a mid-range penitentiary disposition. Applying totality and concurrency principles the judge imposed specific concurrent and consecutive terms that aggregate to a five-year custodial sentence, ordered lifetime SOIRA, DNA and statutory prohibition orders, granted limited remand credit and waived victim surcharges for undue hardship.

Court Disposition

Offender sentenced to a global custodial term of 5 years; lifetime SOIRA order; DNA collection order; statutory prohibition orders; no victim surcharge

Orders

  • Case 2365624 (s.152 invitation to sexual touching – A.B.): 6 months imprisonment (starting point)
  • Case 2365625 (s.151 touching for sexual purpose – C.D.): 3 months imprisonment, consecutive