R. v. J.W.L.

R. v. J.W.L.

Given the agreed facts established a mid-range sexual assault of a minor involving breach of trust and grooming, and balancing aggravating factors (breach of trust, vulnerability of victim, limited acceptance of responsibility, prior record) against mitigation (guilty plea, willingness to seek counselling, dated unrelated record), the court accepted the joint recommendation and imposed 28 months custody plus ancillary orders for no contact while incarcerated, 20-year registration and DNA analysis; victim fine surcharge waived based on means.

Citation
2016 NSSC 85
Parties
Crown: Her Majesty the Queen; Accused: J.W.L.
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
31 March 2016
Procedural Posture
Criminal Sexual Assault / Sentencing After Guilty Plea
Outcome
Sentence imposed: 28 months custody; no contact with victim while serving sentence; 20-year sex offender registration order; DNA order made; victim fine surcharge waived.
Legal Topics
Sexual Assault, Sentencing Principles, Aggravating and Mitigating Factors, Sex Offender Registration, Forensic DNA Order
Source Language
English
Criminal Law Sentencing Sex Offences Sexual Assault Sentencing Principles Aggravating and Mitigating Factors Sex Offender Registration Forensic DNA Order

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Parties

Her Majesty the Queen

Crown

J.W.L.

Accused

Procedural Posture

Criminal Sexual Assault / Sentencing After Guilty Plea

Legal Issues

  1. 1 What is the appropriate sentence for a mid-range sexual assault of a minor without intercourse
  2. 2 Whether the court should accept the parties' joint recommendation
  3. 3 Application of s.718 sentencing objectives and s.718.2(a) factors

Ratio Decidendi

Given the agreed facts established a mid-range sexual assault of a minor involving breach of trust and grooming, and balancing aggravating factors (breach of trust, vulnerability of victim, limited acceptance of responsibility, prior record) against mitigation (guilty plea, willingness to seek counselling, dated unrelated record), the court accepted the joint recommendation and imposed 28 months custody plus ancillary orders for no contact while incarcerated, 20-year registration and DNA analysis; victim fine surcharge waived based on means.

Court Disposition

Sentence imposed: 28 months custody; no contact with victim while serving sentence; 20-year sex offender registration order; DNA order made; victim fine surcharge waived.

Orders

  • 28 months imprisonment for unlawful sexual assault contrary to s.271(1)(a) Criminal Code
  • No contact with A.R.W. while serving sentence pursuant to s.743.21(1)