R. v. T.K.B.

R. v. T.K.B.

A conditional sentence was not fit because the offence involved repeated, escalating sexual interference with a 14–15 year old in a family/breach of trust context causing significant harm; applying Friesen requires denunciation and deterrence and may require custodial sentences, so 12 months imprisonment plus 3 years probation is proportionate; because a CSO is not fit the constitutional challenge to s.742.1(c) is moot and is not decided.

Citation
2022 NSSC 150
Parties
Crown: Her Majesty the Queen; Accused: T.K.B.
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
19 May 2022
Procedural Posture
Criminal Sexual Offences / Sentencing
Outcome
Accused sentenced to 12 months imprisonment followed by 3 years probation; constitutional challenge to s.742.1(c) not decided as moot
Legal Topics
Sexual Interference (s.151), Conditional Sentence Order S.742.1(c), Constitutionality of Statutory Limits on CSO, Sentencing Principles for Offences Against Children (friesen), Ancillary Orders (dna, SOIRA, Firearms Prohibition)
Source Language
English
Criminal Law Constitutional Law Sentencing Law Child Protection Sexual Interference (s.151) Conditional Sentence Order S.742.1(c) Constitutionality of Statutory Limits on CSO Sentencing Principles for Offences Against Children (friesen) +1 more

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Parties

Her Majesty the Queen

Crown

T.K.B.

Accused

Procedural Posture

Criminal Sexual Offences / Sentencing

Legal Issues

  1. 1 Whether a Conditional Sentence Order (CSO) would be a fit and proper sentence for the accused
  2. 2 Whether section 742.1(c) of the Criminal Code is constitutional
  3. 3 What sentence appropriately reflects Friesen and other sentencing principles for sexual offences against a child

Ratio Decidendi

A conditional sentence was not fit because the offence involved repeated, escalating sexual interference with a 14–15 year old in a family/breach of trust context causing significant harm; applying Friesen requires denunciation and deterrence and may require custodial sentences, so 12 months imprisonment plus 3 years probation is proportionate; because a CSO is not fit the constitutional challenge to s.742.1(c) is moot and is not decided.

Court Disposition

Accused sentenced to 12 months imprisonment followed by 3 years probation; constitutional challenge to s.742.1(c) not decided as moot

Orders

  • Sentence of 12 months imprisonment for sexual interference contrary to s.151 of the Criminal Code
  • Probation for 3 years with conditions: keep the peace and be of good behaviour; appear before the court when required; notify court/probation officer of name/address/employment changes; report to probation officer within two working days of release and as required