R. v. G.H.E.

R. v. G.H.E.

A conditional sentence was inappropriate because the offences were serious, involved very young and vulnerable victims, were committed by a parent in a position of trust over a prolonged period with repeated acts and significant impact on the primary victim; general deterrence and denunciation required actual incarceration; the appropriate sentence is 18 months imprisonment for the count involving the older daughter and 6 months imprisonment consecutive for the count involving the younger daughter; ancillary orders include DNA sample, lifetime registration under the Sexual Offender Information Registration Act and firearms prohibitions under s.109, and s.161 was not imposed.

Citation
2017 NSSC 281
Parties
Crown: Her Majesty the Queen; Accused: G.H.E.
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
25 September 2017
Procedural Posture
Criminal / Sentencing
Outcome
Accused sentenced to imprisonment: 18 months on count one and 6 months consecutive on count three; ancillary orders imposed.
Legal Topics
Sexual Interference, Sentencing, Conditional Sentence, Ancillary Orders, Aggravating and Mitigating Factors
Source Language
English
Criminal Law Sexual Offences Child Protection Sexual Interference Sentencing Conditional Sentence Ancillary Orders Aggravating and Mitigating Factors

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Parties

Her Majesty the Queen

Crown

G.H.E.

Accused

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for multiple counts of sexual interference of children by a parent
  2. 2 Whether a conditional sentence is appropriate given nature and gravity of offences
  3. 3 Whether consecutive sentences are appropriate and proportionate

Ratio Decidendi

A conditional sentence was inappropriate because the offences were serious, involved very young and vulnerable victims, were committed by a parent in a position of trust over a prolonged period with repeated acts and significant impact on the primary victim; general deterrence and denunciation required actual incarceration; the appropriate sentence is 18 months imprisonment for the count involving the older daughter and 6 months imprisonment consecutive for the count involving the younger daughter; ancillary orders include DNA sample, lifetime registration under the Sexual Offender Information Registration Act and firearms prohibitions under s.109, and s.161 was not imposed.

Court Disposition

Accused sentenced to imprisonment: 18 months on count one and 6 months consecutive on count three; ancillary orders imposed.

Orders

  • Count one (sexual interference regarding older daughter): 18 months imprisonment.
  • Count three (sexual interference regarding younger daughter): 6 months imprisonment to run consecutively.