R. v. C.S.Y.

R. v. C.S.Y.

The court accepted the jointly recommended five-year custodial sentence less remand credit and ancillary orders because the sentence was within the appropriate range under Friesen, recognized the high moral blameworthiness and need for denunciation and deterrence, and did not meet the high threshold for rejecting a properly negotiated joint submission.

Citation
2022 NSSC 122
Parties
Crown: Her Majesty the Queen; Accused: C.S.Y.
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
15 March 2022
Procedural Posture
Criminal Sexual Assault / Sentencing
Outcome
Guilty plea accepted; accused sentenced
Legal Topics
Sexual Assault, Denunciation and Deterrence, Joint Recommendation, Remand Credit, Publication Restriction, SOIRA, DNA Order
Source Language
English
Criminal Law Sentencing Sexual Offences Child Protection Sexual Assault Denunciation and Deterrence Joint Recommendation Remand Credit +3 more

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Parties

Her Majesty the Queen

Crown

C.S.Y.

Accused

Procedural Posture

Criminal Sexual Assault / Sentencing

Legal Issues

  1. 1 Appropriateness of accepting a joint sentencing recommendation
  2. 2 Application of R. v. Friesen principles for sexual offences against children
  3. 3 Calculation and application of remand credit

Ratio Decidendi

The court accepted the jointly recommended five-year custodial sentence less remand credit and ancillary orders because the sentence was within the appropriate range under Friesen, recognized the high moral blameworthiness and need for denunciation and deterrence, and did not meet the high threshold for rejecting a properly negotiated joint submission.

Court Disposition

Guilty plea accepted; accused sentenced

Orders

  • Five years' custody less remand credit (539 days enhanced ((359 days at 1.5 credit)). 1,286 days going forward)
  • Mandatory weapons prohibition order pursuant to section 109 Criminal Code