R. v. Randall

R. v. Randall

On the evidence, including a comprehensive psychosexual assessment showing low risk of sexual recidivism, the non-predatory nature of the offence, absence of prior sexual convictions, positive treatment prognosis and substantial privacy and liberty impacts from registration, the court found that subjecting the accused to SOIRA would be grossly disproportionate to the public interest and therefore granted an exemption under Criminal Code s.490.012(4); the court adopted the joint recommendation and sentenced the accused to one year imprisonment to be served in the community under s.742.1 with specified conditions and imposed s.161 prohibitions for ten years.

Citation
2006 NSPC 38
Parties
Crown: Her Majesty the Queen; Accused: Kevin Scott Randall
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
25 August 2006
Procedural Posture
Criminal Luring a Child (s.172.1(1)(c) Criminal Code) / Sentencing (decision on SOIRA Exemption)
Outcome
SOIRA registration order declined; sentence imposed pursuant to joint recommendation
Legal Topics
Sexual Offender Information Registration Act (soira) Exemption, Psychosexual Risk Assessment, Gross Disproportionality Analysis, Sentencing Conditions and Community Custody, Computer and Proximity Prohibitions
Source Language
English
Criminal Law Sentencing Sexual Offences Administrative Law Registration Privacy Rights Sexual Offender Information Registration Act (soira) Exemption Psychosexual Risk Assessment Gross Disproportionality Analysis +2 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 3 Authorities cited 13 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Her Majesty the Queen

Crown

Kevin Scott Randall

Accused

Procedural Posture

Criminal Luring a Child (s.172.1(1)(c) Criminal Code) / Sentencing (decision on SOIRA Exemption)

Legal Issues

  1. 1 Whether a SOIRA registration order should be imposed or the accused exempted under Criminal Code s.490.012(4)
  2. 2 Whether the impact of SOIRA on the accused would be grossly disproportionate to the public interest
  3. 3 How psychosexual risk assessment and absence of predatory history affect registration necessity

Ratio Decidendi

On the evidence, including a comprehensive psychosexual assessment showing low risk of sexual recidivism, the non-predatory nature of the offence, absence of prior sexual convictions, positive treatment prognosis and substantial privacy and liberty impacts from registration, the court found that subjecting the accused to SOIRA would be grossly disproportionate to the public interest and therefore granted an exemption under Criminal Code s.490.012(4); the court adopted the joint recommendation and sentenced the accused to one year imprisonment to be served in the community under s.742.1 with specified conditions and imposed s.161 prohibitions for ten years.

Court Disposition

SOIRA registration order declined; sentence imposed pursuant to joint recommendation

Orders

  • No victim fine surcharge imposed.