R. v. Preston

R. v. Preston

Applying the principles in ss.718/718.1/718.2 and the guidance of R. v. Friesen, the court found the offence objectively serious and that general and specific deterrence, protection of the public and the need for treatment justified a custodial sentence of two years and a two-year probationary term tailored to permit completion of a 30-week specialized sexual offence program; mitigating factors (youth, lack of record, remorse indicators, treatment needs) informed probation rather than reducing custody below two years.

Citation
2021 NSSC 316
Parties
Crown: Her Majesty the Queen; Accused: Kyle James Preston
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
15 November 2021
Procedural Posture
Criminal Sexual Assault / Sentencing
Outcome
Accused sentenced to two years imprisonment to be served in a federal penitentiary; followed by two years probation; non-contact and ancillary orders imposed.
Legal Topics
Sexual Assault, Sentencing Principles, Friesen Application, Rehabilitation, Risk Assessment, Publication Restriction
Source Language
English
Criminal Law Sentencing Sexual Offences Probation and Ancillary Orders Sexual Assault Sentencing Principles Friesen Application Rehabilitation +2 more

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Parties

Her Majesty the Queen

Crown

Kyle James Preston

Accused

Procedural Posture

Criminal Sexual Assault / Sentencing

Legal Issues

  1. 1 Appropriate custodial sentence for forced unprotected vaginal intercourse
  2. 2 Application of R. v. Friesen sentencing principles to an adult victim context
  3. 3 Appropriate length and conditions of probation to enable treatment

Ratio Decidendi

Applying the principles in ss.718/718.1/718.2 and the guidance of R. v. Friesen, the court found the offence objectively serious and that general and specific deterrence, protection of the public and the need for treatment justified a custodial sentence of two years and a two-year probationary term tailored to permit completion of a 30-week specialized sexual offence program; mitigating factors (youth, lack of record, remorse indicators, treatment needs) informed probation rather than reducing custody below two years.

Court Disposition

Accused sentenced to two years imprisonment to be served in a federal penitentiary; followed by two years probation; non-contact and ancillary orders imposed.

Orders

  • Two years imprisonment (federal penitentiary)
  • Report to a probation officer within three days of release and thereafter as directed