R. v. N.S.N.C.

R. v. N.S.N.C.

Balancing the dominant objectives of denunciation and deterrence against strong mitigating factors (offender's youth at time, his own history as a victim, long delay with no further sexual offending, low risk to reoffend and community support), a penitentiary term was required because of the victim's young age, the abuse of a familial position of trust, the assaults occurring in the home and repetition of the assault; the appropriate sentence is three years' imprisonment with credit of two days and ancillary statutory orders.

Citation
2020 BCSC 1843
Parties
Crown: Regina; Offender: N.S.N.C.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
24 November 2020
Procedural Posture
Criminal Sexual Assault / Sentencing (reasons for Sentence)
Outcome
Convicted and sentenced to three years' imprisonment
Legal Topics
Sexual Assault, Abuse of Trust, Denunciation and Deterrence, Risk Assessment, Sex Offender Registration, Ancillary Orders
Source Language
English
Criminal Law Sentencing Sexual Offences Evidence and Expert Reports Sexual Assault Abuse of Trust Denunciation and Deterrence Risk Assessment +2 more

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Parties

Regina

Crown

N.S.N.C.

Offender

Procedural Posture

Criminal Sexual Assault / Sentencing (reasons for Sentence)

Legal Issues

  1. 1 Appropriate length of custodial sentence for historical sexual assaults against a child
  2. 2 Application of s.11(i) Charter limit on maximum penalty for offences committed in 1993
  3. 3 Weight to be given to expert risk assessments despite offender's denial of guilt

Ratio Decidendi

Balancing the dominant objectives of denunciation and deterrence against strong mitigating factors (offender's youth at time, his own history as a victim, long delay with no further sexual offending, low risk to reoffend and community support), a penitentiary term was required because of the victim's young age, the abuse of a familial position of trust, the assaults occurring in the home and repetition of the assault; the appropriate sentence is three years' imprisonment with credit of two days and ancillary statutory orders.

Court Disposition

Convicted and sentenced to three years' imprisonment

Orders

  • Credit of two days against custodial sentence
  • Warrant for Committal endorsed with order under s.743.21(1): no contact or communication with XY while in custody