R. v. Thompson

R. v. Thompson

Given the gravity of the offence — a stranger pursuing the victim, depriving her of liberty, using force and causing physical injury — a custodial sentence of 3 years in a federal penitentiary is proportionate; 135 days pre‑sentence custody credit and the imposition of SOIRA, DNA and section 109 orders were appropriate.

Citation
2012 NSSC 263
Parties
Crown: Her Majesty the Queen; Accused: Blaine Albert Jr. Thompson aka Downey
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
22 June 2012
Procedural Posture
Criminal Sexual Assault / Sentencing (post‑conviction)
Outcome
Accused sentenced to 3 years imprisonment in a federal penitentiary with credit for approximately 135 days time served; SOIRA, DNA and section 109 orders granted.
Legal Topics
Sexual Assault, Sentencing Principles, Aggravating and Mitigating Factors, Protective and Reporting Orders (soira, DNA, S.109), Victim Impact
Source Language
English
Criminal Law Sentencing Sexual Offences Sexual Assault Sentencing Principles Aggravating and Mitigating Factors Protective and Reporting Orders (soira, Dna, S.109) Victim Impact

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Parties

Her Majesty the Queen

Crown

Blaine Albert Jr. Thompson aka Downey

Accused

Procedural Posture

Criminal Sexual Assault / Sentencing (post‑conviction)

Legal Issues

  1. 1 Appropriate length of custodial sentence for sexual assault involving a stranger and forcible penetration
  2. 2 Application of s.718, s.718.1 and s.718.2 sentencing principles
  3. 3 Assessment of aggravating and mitigating factors including stranger status, deprivation of liberty, physical injuries and offender's background

Ratio Decidendi

Given the gravity of the offence — a stranger pursuing the victim, depriving her of liberty, using force and causing physical injury — a custodial sentence of 3 years in a federal penitentiary is proportionate; 135 days pre‑sentence custody credit and the imposition of SOIRA, DNA and section 109 orders were appropriate.

Court Disposition

Accused sentenced to 3 years imprisonment in a federal penitentiary with credit for approximately 135 days time served; SOIRA, DNA and section 109 orders granted.

Orders

  • 3 years imprisonment (federal penitentiary) with approximately 135 days credit for pre‑sentence custody
  • Sex Offender Information Registration Act (SOIRA) order