R. v. S. P. W.

R. v. S. P. W.

Balancing statutory sentencing principles and Friesen guidance against the facts (very young victim, serial abuse over 18 months, abuse of parental trust, serious degree of physical interference) and mitigating factors (guilty plea, remorse, limited record, below-average recidivism), the court imposed 56 months custody on s.151 with concurrent 56 months on s.152, a conditional judicial stay on s.271 under Kienapple, granted enhanced remand credit at 1.5 days per day (total 823 days = 27.5 months) and converted the result to a go-forward custodial term of 28.5 months; ancillary orders were imposed and the victim fine surcharge was waived.

Citation
2021 NSPC 24
Parties
Crown: Her Majesty the Queen; Accused: S. P. W.
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
27 April 2021
Procedural Posture
Criminal (sexual Offences) / Sentencing Hearing Following Guilty Pleas
Outcome
Accused pleaded guilty; sentence imposed: 56 months custody on s.151 with concurrent 56 months on s.152; conditional judicial stay on s.271; 30 days for failure to attend served concurrently; enhanced remand credit applied yielding a go-forward custodial term of 28.5 months; ancillary orders imposed; victim fine...
Legal Topics
Sexual Assault, Sexual Interference, Invitation to Sexual Touching, Remand Credit, Kienapple Principle, Friesen Guidance, SOIRA, DNA Order
Source Language
English
Criminal Law Sentencing Child Protection Ancillary Orders Sexual Assault Sexual Interference Invitation to Sexual Touching Remand Credit +4 more

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Parties

Her Majesty the Queen

Crown

S. P. W.

Accused

Procedural Posture

Criminal (sexual Offences) / Sentencing Hearing Following Guilty Pleas

Legal Issues

  1. 1 Appropriate custodial sentence for multiple sexual offences against a young child by her father
  2. 2 Application of Friesen guidance and statutory sentencing principles (s.718, s.718.01, s.718.1, s.718.2)
  3. 3 Proper calculation and application of enhanced remand credit (1.5:1)

Ratio Decidendi

Balancing statutory sentencing principles and Friesen guidance against the facts (very young victim, serial abuse over 18 months, abuse of parental trust, serious degree of physical interference) and mitigating factors (guilty plea, remorse, limited record, below-average recidivism), the court imposed 56 months custody on s.151 with concurrent 56 months on s.152, a conditional judicial stay on s.271 under Kienapple, granted enhanced remand credit at 1.5 days per day (total 823 days = 27.5 months) and converted the result to a go-forward custodial term of 28.5 months; ancillary orders were imposed and the victim fine surcharge was waived.

Court Disposition

Accused pleaded guilty; sentence imposed: 56 months custody on s.151 with concurrent 56 months on s.152; conditional judicial stay on s.271; 30 days for failure to attend served concurrently; enhanced remand credit applied yielding a go-forward custodial term of 28.5 months; ancillary orders imposed; victim fine...

Orders

  • Impose 56 months imprisonment for offence contrary to s.151 of the Criminal Code (to be served in a federal penitentiary)
  • Impose 56 months imprisonment for offence contrary to s.152 of the Criminal Code to be served concurrently