R. v. J.A.M.

R. v. J.A.M.

Given the high moral culpability arising from sexual activity with a sleeping and highly intoxicated victim, including anal intercourse and significant victim harm, the appropriate sentence is two years' imprisonment in a federal penitentiary followed by three years' probation; ancillary orders (DNA, 20-year SOIRA, 10-year firearms prohibition) and a $200 victim surcharge were imposed to reflect denunciation, general and specific deterrence while allowing for rehabilitation.

Citation
2018 NSSC 285
Parties
Crown: Her Majesty the Queen; Accused: J.A.M.
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
6 November 2018
Procedural Posture
Criminal Sexual Assault / Sentencing After Conviction
Outcome
Offender sentenced to two years' imprisonment (to be served in a federal penitentiary) followed by three years' probation.
Legal Topics
Sexual Assault, Sentencing, Consent, Intoxication, DNA Orders, Sex Offender Information Registration (soira), Probation, Victim Surcharge, Firearms Prohibition
Source Language
English
Criminal Law Sexual Assault Sentencing Consent Intoxication DNA Orders Sex Offender Information Registration (soira) Probation +2 more

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Parties

Her Majesty the Queen

Crown

J.A.M.

Accused

Procedural Posture

Criminal Sexual Assault / Sentencing After Conviction

Legal Issues

  1. 1 Appropriate sentence for sexual assault where complainant was incapacitated by intoxication and asleep
  2. 2 Significance of aggravating and mitigating factors including anal intercourse and victim's incapacity
  3. 3 Whether offender's intoxication mitigates culpability

Ratio Decidendi

Given the high moral culpability arising from sexual activity with a sleeping and highly intoxicated victim, including anal intercourse and significant victim harm, the appropriate sentence is two years' imprisonment in a federal penitentiary followed by three years' probation; ancillary orders (DNA, 20-year SOIRA, 10-year firearms prohibition) and a $200 victim surcharge were imposed to reflect denunciation, general and specific deterrence while allowing for rehabilitation.

Court Disposition

Offender sentenced to two years' imprisonment (to be served in a federal penitentiary) followed by three years' probation.

Orders

  • Probation for three years with conditions: no contact directly or indirectly with the victim; report to a Probation Officer within 48 hours of expiry of sentence; abstain from alcohol or intoxicants except by medical prescription; participate in Sexual Offender Treatment Program as directed; attend any assessment,...
  • Victim fine surcharge of $200 payable within two years.