R. v. Lemoine

R. v. Lemoine

Court concluded a fit sentence was 54 months imprisonment based on the gravity and premeditated nature of the sexual assault with confinement and high moral blameworthiness; mental illness did not negate responsibility and was a mitigating factor but insufficient to reduce below that range; remand credit granted at 1:1 for entire period plus an enhanced 1.5:1 credit for a five-month delay between plea and sentencing (total remand credit 35.5 months), yielding 18.5 months remaining to serve; imposed 24 months probation and mandatory ancillary orders (10-year firearms prohibition, 20-year SOIRA, DNA order).

Citation
2014 NSPC 49
Parties
Crown: Her Majesty the Queen; Accused: Cody Charles Lemoine
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
25 February 2014
Procedural Posture
Criminal Sexual Assault and Unlawful Confinement / Sentencing Hearing and Decision
Outcome
Accused convicted on guilty pleas; sentenced to 54 months imprisonment with remand credit of 35.5 months resulting in 18.5 months to be served; concurrent 18 months on confinement count; 24 months probation; mandatory ancillary orders imposed.
Legal Topics
Sexual Assault, Unlawful Confinement, Pre Sentence Custody Credit (s.719(3)/(3.1)), Fitness and Criminal Responsibility, Ancillary Orders (firearms, SOIRA, Dna)
Source Language
English
Criminal Law Sentencing Mental Health and Fitness to Stand Trial Sexual Assault Unlawful Confinement Pre Sentence Custody Credit (s.719(3)/(3.1)) Fitness and Criminal Responsibility Ancillary Orders (firearms, Soira, Dna)

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Parties

Her Majesty the Queen

Crown

Cody Charles Lemoine

Accused

Procedural Posture

Criminal Sexual Assault and Unlawful Confinement / Sentencing Hearing and Decision

Legal Issues

  1. 1 Appropriate term of imprisonment for a serious, premeditated sexual assault with confinement
  2. 2 Whether enhanced pre-sentence custody credit (s.719(3.1)) is justified and to what extent
  3. 3 Effect of accused's mental illness on moral blameworthiness and criminal responsibility

Ratio Decidendi

Court concluded a fit sentence was 54 months imprisonment based on the gravity and premeditated nature of the sexual assault with confinement and high moral blameworthiness; mental illness did not negate responsibility and was a mitigating factor but insufficient to reduce below that range; remand credit granted at 1:1 for entire period plus an enhanced 1.5:1 credit for a five-month delay between plea and sentencing (total remand credit 35.5 months), yielding 18.5 months remaining to serve; imposed 24 months probation and mandatory ancillary orders (10-year firearms prohibition, 20-year SOIRA, DNA order).

Court Disposition

Accused convicted on guilty pleas; sentenced to 54 months imprisonment with remand credit of 35.5 months resulting in 18.5 months to be served; concurrent 18 months on confinement count; 24 months probation; mandatory ancillary orders imposed.

Orders

  • Total custodial sentence of 54 months imprisonment (sexual assault) with 18 months concurrent for unlawful confinement
  • Remand/pre-sentence custody credit applied: 35.5 months (resulting in 18.5 months go-forward custody)