R. v. APL

R. v. APL

Offender convicted of sexual interference of a child under 16 and sexual interference of a dependent young person; the prolonged, frequent sexual abuse of a vulnerable 12-year-old by a person in a position of trust, combined with exploitation and threats, required a significant custodial sentence under s.718 principles and Friesen guidance; delay and offender background were mitigating but insufficient to avoid a lengthy term; result: six years for Count 2 and six months concurrent for Count 3, plus ancillary orders.

Citation
2021 NSSC 238
Parties
Prosecutor: Her Majesty the Queen; Accused: APL
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
27 July 2021
Procedural Posture
Criminal Sexual Offences / Sentencing
Outcome
Convicted on Counts 2 and 3; Count 4 not guilty; Count 1 stayed; sentenced to six years imprisonment on Count 2 and six months imprisonment concurrent on Count 3.
Legal Topics
Sexual Interference, Sexual Exploitation, Position of Trust, Sentencing Principles, Ancillary Orders, Publication Restrictions
Source Language
English
Criminal Law Sentencing Sexual Offences Child Protection Sexual Interference Sexual Exploitation Position of Trust Sentencing Principles +2 more

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Parties

Her Majesty the Queen

Prosecutor

APL

Accused

Procedural Posture

Criminal Sexual Offences / Sentencing

Legal Issues

  1. 1 Appropriate custodial sentence for sexual offences committed against a child
  2. 2 Application of Friesen to increase sentences for child sexual abuse
  3. 3 Weight of aggravating factors: abuse of trust, victim vulnerability, duration and frequency of abuse

Ratio Decidendi

Offender convicted of sexual interference of a child under 16 and sexual interference of a dependent young person; the prolonged, frequent sexual abuse of a vulnerable 12-year-old by a person in a position of trust, combined with exploitation and threats, required a significant custodial sentence under s.718 principles and Friesen guidance; delay and offender background were mitigating but insufficient to avoid a lengthy term; result: six years for Count 2 and six months concurrent for Count 3, plus ancillary orders.

Court Disposition

Convicted on Counts 2 and 3; Count 4 not guilty; Count 1 stayed; sentenced to six years imprisonment on Count 2 and six months imprisonment concurrent on Count 3.

Orders

  • Six years imprisonment on Count 2 (sexual interference)
  • Six months imprisonment on Count 3 (sexual interference of a dependent young person) to be served concurrently with Count 2