R. v. Comeau

R. v. Comeau

Discharge refused because public interest, general deterrence and denunciation outweigh rehabilitative and personal mitigating factors; conditional sentence not available; a custodial term was necessary to express societal denunciation and deter caregivers from exploiting vulnerable persons; a 90 day custodial sentence served intermittently plus 30 months probation and specified ancillary orders is a fit and proper sentence in these circumstances.

Citation
2017 NSSC 208
Parties
Prosecutor: Her Majesty the Queen; Offender: Joseph Elizee Comeau
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
12 July 2017
Procedural Posture
Criminal / Sentencing Decision
Outcome
Accused found guilty at trial; sentenced to 90 days custody to be served intermittently and 30 months probation; ancillary orders imposed and victim surcharge assessed.
Legal Topics
Sexual Assault, Consent, Capacity, Vulnerable Persons, Denunciation, General Deterrence, Probation, Intermittent Sentence, Ancillary Orders
Source Language
English
Criminal Law Sexual Offences Sentencing Sexual Assault Consent Capacity Vulnerable Persons Denunciation +4 more

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Parties

Her Majesty the Queen

Prosecutor

Joseph Elizee Comeau

Offender

Procedural Posture

Criminal / Sentencing Decision

Legal Issues

  1. 1 Whether the accused committed sexual assault of a person lacking legal capacity to consent
  2. 2 Whether a discharge or non-custodial disposition was appropriate
  3. 3 Whether general deterrence and denunciation require incarceration despite mitigating factors

Ratio Decidendi

Discharge refused because public interest, general deterrence and denunciation outweigh rehabilitative and personal mitigating factors; conditional sentence not available; a custodial term was necessary to express societal denunciation and deter caregivers from exploiting vulnerable persons; a 90 day custodial sentence served intermittently plus 30 months probation and specified ancillary orders is a fit and proper sentence in these circumstances.

Court Disposition

Accused found guilty at trial; sentenced to 90 days custody to be served intermittently and 30 months probation; ancillary orders imposed and victim surcharge assessed.

Orders

  • Sentence of 90 days imprisonment to be served intermittently (Fridays 8:00 p.m. to Mondays 6:00 a.m.) commencing July 14, 2017
  • Probation for a period of 30 months to commence during intermittent custody and continue for 30 months after completion, with standard and specific conditions as set out by the court