R. v. Fardy

R. v. Fardy

Aggregate sentence of 48 months custody was imposed by calculating appropriate separate custodial terms for each offence (11 months for S.M., 1 month for assault of R.B., 10 months for sexual assault of R.B., 36 months for sexual assault of J.M.), then applying reductions of six months for prolonged restrictive release conditions and four months for the serious s.8 Charter breach, and ensuring the total complied with proportionality, denunciation and deterrence objectives and totality principles.

Citation
2024 NSSC 211
Parties
Prosecution: His Majesty the King; Accused: Jakob M. Fardy
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
16 July 2024
Procedural Posture
Criminal Sexual Offences (assault and Sexual Assault) / Sentencing
Outcome
Accused Jakob M. Fardy sentenced to 48 months custody; ancillary orders imposed including DNA order, firearms prohibition, communication prohibition and 20‑year SOIRA order.
Legal Topics
Sexual Assault, Assault, Charter S.8 Search and Seizure, Sentencing Principles (denunciation, Deterrence, Rehabilitation), SOIRA (sex Offender Registration), Ancillary Orders (dna, Firearms Prohibition, Communication Prohibition)
Source Language
English
Criminal Law Constitutional Law Sentencing Law Evidence Sexual Assault Assault Charter S.8 Search and Seizure Sentencing Principles (denunciation, Deterrence, Rehabilitation) +2 more

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Parties

His Majesty the King

Prosecution

Jakob M. Fardy

Accused

Procedural Posture

Criminal Sexual Offences (assault and Sexual Assault) / Sentencing

Legal Issues

  1. 1 Appropriate aggregate custodial sentence for multiple sexual assaults and an assault
  2. 2 Whether prior good character references should mitigate sentence in sexual assault cases
  3. 3 Whether and how to credit restrictive pre‑trial release conditions in sentencing

Ratio Decidendi

Aggregate sentence of 48 months custody was imposed by calculating appropriate separate custodial terms for each offence (11 months for S.M., 1 month for assault of R.B., 10 months for sexual assault of R.B., 36 months for sexual assault of J.M.), then applying reductions of six months for prolonged restrictive release conditions and four months for the serious s.8 Charter breach, and ensuring the total complied with proportionality, denunciation and deterrence objectives and totality principles.

Court Disposition

Accused Jakob M. Fardy sentenced to 48 months custody; ancillary orders imposed including DNA order, firearms prohibition, communication prohibition and 20‑year SOIRA order.

Orders

  • Custodial sentence: 48 months imprisonment, effective from date of sentencing
  • DNA order pursuant to s.487.051(1) of the Criminal Code (mandatory)