R. v. AMB

R. v. AMB

Applying Friesen and provincial precedents, weighing significant aggravating factors (position of trust, victim age, repeated and prolonged abuse including multiple acts of intercourse and fellatio with ejaculation and lack of mitigating factors), and considering the SOA that indicates baseline average sexual recidivism risk but ongoing risk without treatment, a custodial sentence of 7 years on each s.151 count to be served concurrently is fit; a judicial stay is appropriate on the s.271 sexual assault charges; remand credit of 137 days reduces the go‑forward sentence to 6 years, 7 months and 17 days; ancillary orders (firearms prohibition, DNA, lifetime registration, s.161 prohibitions,...

Citation
2022 NSSC 262
Parties
Crown: Her Majesty the Queen; Accused: AMB
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
5 October 2022
Procedural Posture
Criminal Sexual Offences / Sentencing Decision
Outcome
Convictions on the s.151 counts; judicial stay entered on the s.271 counts; sentence imposed and ancillary orders made
Legal Topics
Sentencing Range and Parity, Aggravating and Mitigating Factors, Friesen Guidance, Ancillary Orders (dna, Firearms, Registration, S.161 Prohibitions), Remand Credit, Risk Assessment and Treatment Recommendations
Source Language
English
Criminal Law Sentencing Sexual Offences Child Protection Evidence (risk Assessment) Sentencing Range and Parity Aggravating and Mitigating Factors Friesen Guidance +3 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 11 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Her Majesty the Queen

Crown

AMB

Accused

Procedural Posture

Criminal Sexual Offences / Sentencing Decision

Legal Issues

  1. 1 What is a fit custodial sentence for repeated sexual offences against a child by a step-parent
  2. 2 Application and weight of R. v. Friesen and related authorities in setting the post‑Friesen range
  3. 3 Whether to enter a judicial stay on s.271 offences

Ratio Decidendi

Applying Friesen and provincial precedents, weighing significant aggravating factors (position of trust, victim age, repeated and prolonged abuse including multiple acts of intercourse and fellatio with ejaculation and lack of mitigating factors), and considering the SOA that indicates baseline average sexual recidivism risk but ongoing risk without treatment, a custodial sentence of 7 years on each s.151 count to be served concurrently is fit; a judicial stay is appropriate on the s.271 sexual assault charges; remand credit of 137 days reduces the go‑forward sentence to 6 years, 7 months and 17 days; ancillary orders (firearms prohibition, DNA, lifetime registration, s.161 prohibitions,...

Court Disposition

Convictions on the s.151 counts; judicial stay entered on the s.271 counts; sentence imposed and ancillary orders made

Orders

  • Publication restriction under s.486.4 Criminal Code (no identifying information about the victim)
  • Judicial stay entered on s.271 sexual assault charges