R v Turple

R v Turple

Mandatory minimum in s151(a) held inapplicable for this sentencing hearing due to conceded Charter s12 violation; based on seriousness (digital penetration of a 12-year-old, position of trust), offender's youth, lack of record, guilty plea and prospects for rehabilitation, the appropriate sentence is 90 days imprisonment served intermittently plus a 36-month probation with specified conditions; ancillary orders (SOIRA, DNA, s.109 and a 20-year s.161 prohibition) and publication restriction under s486.4 are granted.

Citation
2019 NSPC 52
Parties
Prosecution: Her Majesty the Queen; Accused: Justin Evan Turple
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
28 August 2019
Procedural Posture
Criminal Indictable Sexual Offence (sexual Interference S151) / Sentencing
Outcome
Accused pleaded guilty to one indictable count of sexual interference (s151(a)). Sentence: 90 days imprisonment to be served intermittently and 36 months probation; ancillary orders granted.
Legal Topics
Sexual Interference, Mandatory Minimums (charter S12), Sentencing Principles (s718.01, S718.2), Ancillary Orders (soira, DNA, S.109, S.161), Publication Ban (s486.4)
Source Language
English
Criminal Law Constitutional Law Sentencing Sex Offences Sexual Interference Mandatory Minimums (charter S12) Sentencing Principles (s718.01, S718.2) Ancillary Orders (soira, Dna, S.109, S.161) +1 more

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Parties

Her Majesty the Queen

Prosecution

Justin Evan Turple

Accused

Procedural Posture

Criminal Indictable Sexual Offence (sexual Interference S151) / Sentencing

Legal Issues

  1. 1 Whether the mandatory minimum in s151(a) violates Charter s12 and is inapplicable for sentencing
  2. 2 Appropriate fit and proportional sentence given the seriousness, age disparity and position of trust
  3. 3 Whether unlawful confinement was proven as an aggravating factor

Ratio Decidendi

Mandatory minimum in s151(a) held inapplicable for this sentencing hearing due to conceded Charter s12 violation; based on seriousness (digital penetration of a 12-year-old, position of trust), offender's youth, lack of record, guilty plea and prospects for rehabilitation, the appropriate sentence is 90 days imprisonment served intermittently plus a 36-month probation with specified conditions; ancillary orders (SOIRA, DNA, s.109 and a 20-year s.161 prohibition) and publication restriction under s486.4 are granted.

Court Disposition

Accused pleaded guilty to one indictable count of sexual interference (s151(a)). Sentence: 90 days imprisonment to be served intermittently and 36 months probation; ancillary orders granted.

Orders

  • 90 days imprisonment to be served intermittently
  • 36 months probation commencing immediately with terms including reporting, mental health and forensic sexual behaviour counselling, no contact with complainant, and compliance with assessments