R. v. J.P.

R. v. J.P.

A conditional sentence was rejected because the offences were grave by reason of repeated sexual contact over several years, committed by a trusted family member thereby enabling continued abuse, and the objectives of denunciation and general deterrence required incarceration; accordingly the court imposed concurrent custodial terms (one year on s.271 and s.151, six months on s.152 to run concurrently) followed by 18 months probation and ancillary orders.

Citation
2013 NSSC 65
Parties
Crown: Her Majesty the Queen; Accused: J.P.
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
15 February 2013
Procedural Posture
Criminal / Sentencing
Outcome
Convicted previously at trial; sentenced to concurrent terms of imprisonment: 1 year (sexual assault s.271), 1 year (sexual interference s.151) and 6 months (invitation to sexual touching s.152), all to be served concurrently; followed by 18 months probation; ancillary orders granted.
Legal Topics
Sexual Assault, Sexual Interference, Invitation to Sexual Touching, Conditional Sentence, Position of Trust, Victim Impact
Source Language
English
Criminal Law Sentencing Sexual Offences Sexual Assault Sexual Interference Invitation to Sexual Touching Conditional Sentence Position of Trust +1 more

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Parties

Her Majesty the Queen

Crown

J.P.

Accused

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Whether a conditional sentence is appropriate
  2. 2 Appropriate length and type of sentence to achieve denunciation and deterrence
  3. 3 Weight of aggravating factors: repeated conduct and breach of trust

Ratio Decidendi

A conditional sentence was rejected because the offences were grave by reason of repeated sexual contact over several years, committed by a trusted family member thereby enabling continued abuse, and the objectives of denunciation and general deterrence required incarceration; accordingly the court imposed concurrent custodial terms (one year on s.271 and s.151, six months on s.152 to run concurrently) followed by 18 months probation and ancillary orders.

Court Disposition

Convicted previously at trial; sentenced to concurrent terms of imprisonment: 1 year (sexual assault s.271), 1 year (sexual interference s.151) and 6 months (invitation to sexual touching s.152), all to be served concurrently; followed by 18 months probation; ancillary orders granted.

Orders

  • Imprisonment: 1 year on s.271, 1 year on s.151 and 6 months on s.152 all concurrent, served in a penal institution
  • Probation for 18 months with conditions limiting contact as provided by Crown