R. v. S.C.C.

R. v. S.C.C.

Given the extended series of sexual assaults on a child, the severe lasting harm to the victim, the breach of trust and the need for strong general and specific deterrence, a custodial sentence of 26 months in a federal institution is fit and proper; a conditional sentence was inappropriate and contrary to the administration of justice; ancillary orders including a 20-year s.161 restriction, 20-year firearms prohibition and 20-year SOIRA registration are warranted.

Citation
2008 NSSC 115
Parties
Crown: Her Majesty the Queen; Accused: C. (S. C.)
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
3 April 2008
Procedural Posture
Criminal / Sentencing
Outcome
Accused sentenced following guilty plea
Legal Topics
Sexual Assault, Position of Trust, Aggravating Factors, Deterrence, Conditional Sentence, Firearms Prohibition, Sex Offender Registration, Publication Ban
Source Language
English
Criminal Law Sexual Offences Sentencing Sexual Assault Position of Trust Aggravating Factors Deterrence Conditional Sentence +3 more

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Parties

Her Majesty the Queen

Crown

C. (S. C.)

Accused

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate length and type of sentence for multiple sexual assaults against a child
  2. 2 Whether a conditional/community sentence is appropriate
  3. 3 Weight of breach of trust as an aggravating factor

Ratio Decidendi

Given the extended series of sexual assaults on a child, the severe lasting harm to the victim, the breach of trust and the need for strong general and specific deterrence, a custodial sentence of 26 months in a federal institution is fit and proper; a conditional sentence was inappropriate and contrary to the administration of justice; ancillary orders including a 20-year s.161 restriction, 20-year firearms prohibition and 20-year SOIRA registration are warranted.

Court Disposition

Accused sentenced following guilty plea

Orders

  • Imprisonment of 26 months in a federal institution
  • Publication ban under Criminal Code s.486.4 protecting identification of complainant and witnesses