R. v. E.C.M.

R. v. E.C.M.

The court accepted the joint sentencing recommendation and imposed a 3-year federal custodial sentence for the s.151 conviction based on aggravating factors (position of trust, sustained predation, victim impact) and mitigating evidence of rehabilitation; although two other charges were stayed under Keinapple, s.490.013(2.1) mandates a life SOIRA order because the accused was convicted of more than one designated offence, and the court imposed firearms prohibitions, a primary-designated-offence DNA order, a no-contact endorsement under s.743.21 and a $200 victim surcharge payable within four years.

Citation
2013 NSPC 126
Parties
Crown: Her Majesty the Queen; Accused: E.C.M.
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
20 December 2013
Procedural Posture
Criminal Sentencing / Sentencing Decision
Outcome
Accused found guilty and sentenced; sentence and ancillary orders imposed
Legal Topics
Sexual Assault of Person Under 16, Position of Trust, Publication Ban, Joint Sentencing Submission, Application of Keinapple Doctrine, DNA Collection Order, Victim Surcharge, Prohibition on Firearms, No Contact Order, SOIRA Life Registration
Source Language
English
Criminal Law Sentencing Sexual Offences Child Sexual Abuse Firearms Law Registration of Sexual Offenders (soira) Sexual Assault of Person Under 16 Position of Trust +8 more

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Parties

Her Majesty the Queen

Crown

E.C.M.

Accused

Procedural Posture

Criminal Sentencing / Sentencing Decision

Legal Issues

  1. 1 Appropriate term of imprisonment for sexual offences against a child
  2. 2 Whether to accept a joint sentencing recommendation
  3. 3 Application of Keinapple to stay related charges

Ratio Decidendi

The court accepted the joint sentencing recommendation and imposed a 3-year federal custodial sentence for the s.151 conviction based on aggravating factors (position of trust, sustained predation, victim impact) and mitigating evidence of rehabilitation; although two other charges were stayed under Keinapple, s.490.013(2.1) mandates a life SOIRA order because the accused was convicted of more than one designated offence, and the court imposed firearms prohibitions, a primary-designated-offence DNA order, a no-contact endorsement under s.743.21 and a $200 victim surcharge payable within four years.

Court Disposition

Accused found guilty and sentenced; sentence and ancillary orders imposed

Orders

  • Custody: 3 years in a federal penitentiary for the s.151 conviction commencing 20 December 2013
  • Counts under ss.271 and 152 stayed on application of the Crown pursuant to Keinapple