R. v. Marshall

R. v. Marshall

The offence involved sexual intercourse with an unconscious and intoxicated 20-year-old; despite Gladue factors the gravity and need for public denunciation and deterrence made a custodial sentence appropriate and a conditional sentence or a term under two years inappropriate, resulting in a three-year federal custodial sentence and a Sexual Offender Registration Order.

Citation
2008 NSSC 132
Parties
Crown: Her Majesty the Queen; Accused: Wilbert Joseph Marshall
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
20 March 2008
Procedural Posture
Criminal Sexual Assault / Sentencing Hearing Post Conviction
Outcome
Accused sentenced to three years imprisonment in a federal institution; Sexual Offender Registration Order to be made.
Legal Topics
Sexual Assault, Sentencing, Gladue Factors, Consent, Sexual Offender Registration
Source Language
English
Criminal Law Aboriginal Sentencing Sexual Assault Sentencing Gladue Factors Consent Sexual Offender Registration

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Parties

Her Majesty the Queen

Crown

Wilbert Joseph Marshall

Accused

Procedural Posture

Criminal Sexual Assault / Sentencing Hearing Post Conviction

Legal Issues

  1. 1 Whether the sexual activity occurred with consent given the complainant was unconscious and intoxicated
  2. 2 Whether Gladue/aboriginal factors justify a non-custodial or reduced sentence
  3. 3 Whether the offender's status as a community leader is an aggravating factor warranting denunciation and incarceration

Ratio Decidendi

The offence involved sexual intercourse with an unconscious and intoxicated 20-year-old; despite Gladue factors the gravity and need for public denunciation and deterrence made a custodial sentence appropriate and a conditional sentence or a term under two years inappropriate, resulting in a three-year federal custodial sentence and a Sexual Offender Registration Order.

Court Disposition

Accused sentenced to three years imprisonment in a federal institution; Sexual Offender Registration Order to be made.

Orders

  • Impose three years imprisonment in a federal institution
  • Make and sign a Sexual Offender Registration Order