R. v. D.H.E.

R. v. D.H.E.

Given premeditation, insertion of a drug into the victim's alcohol rendering her helpless, sexual intercourse while unconscious, and that the victim was under 18, the offender's culpability is high; guilty plea provided limited mitigation; case law and comparable sentences support a range of two to three years; three years custody in a federal institution is proportionate and appropriate.

Citation
2012 NSSC 260
Parties
Crown: Her Majesty the Queen; Accused: D.H.E.
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
9 July 2012
Procedural Posture
Criminal / Sentencing
Outcome
Guilty plea; sentenced to three years imprisonment.
Legal Topics
Sexual Assault, Sentencing, Aggravating Factors, Victim Impact, DNA Order, Firearms Prohibition, Sex Offender Registry
Source Language
English
Criminal Law Sexual Offences Sexual Assault Sentencing Aggravating Factors Victim Impact DNA Order Firearms Prohibition +1 more

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Parties

Her Majesty the Queen

Crown

D.H.E.

Accused

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for sexual assault contrary to s.271 Criminal Code
  2. 2 Weight of aggravating factors including drugging and victim under 18
  3. 3 Role of guilty plea as mitigating factor

Ratio Decidendi

Given premeditation, insertion of a drug into the victim's alcohol rendering her helpless, sexual intercourse while unconscious, and that the victim was under 18, the offender's culpability is high; guilty plea provided limited mitigation; case law and comparable sentences support a range of two to three years; three years custody in a federal institution is proportionate and appropriate.

Court Disposition

Guilty plea; sentenced to three years imprisonment.

Orders

  • Three years imprisonment in a federal institution.
  • DNA Analysis order pursuant to Section 485.051 of the Criminal Code.