R. v. J.E.

R. v. J.E.

The mandatory minimum of 90 days did not materially exceed the bottom of the applicable sentencing range for this offender given the gravity and circumstances; a 90-day custodial sentence is proportionate and not grossly disproportionate, so the court declined to consider the constitutional challenge under s.12 on the basis of reasonably foreseeable circumstances and imposed the 90-day sentence with ancillary orders.

Citation
2018 NSPC 4
Parties
Crown: R.; Accused: J.E.
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
16 February 2018
Procedural Posture
Criminal / Sentencing
Outcome
Accused sentenced to 90 days incarceration; declined to strike down mandatory minimum; ancillary orders imposed.
Legal Topics
Sexual Interference (s.151 Cc), Mandatory Minimums (s.151(b)), Section 12 Charter Cruel and Unusual Punishment, Section 1 Charter Justification, Publication Ban (s.486.4 Cc), DNA and Registration Orders, Probation and Ancillary Orders, Section 161 Prohibitions, Discretionary Weapons Prohibition
Source Language
English
Criminal Law Charter Law Sentencing Law Youth Protection Sexual Interference (s.151 Cc) Mandatory Minimums (s.151(b)) Section 12 Charter Cruel and Unusual Punishment Section 1 Charter Justification +5 more

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Parties

R.

Crown

J.E.

Accused

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Whether the mandatory minimum in s.151(b) violates s.12 of the Charter as grossly disproportionate
  2. 2 Whether the court must consider reasonably foreseeable circumstances or may decline constitutional analysis when the minimum does not exceed the bottom of the applicable sentencing range
  3. 3 Appropriate sentence for sexual interference having regard to ss.718, 718.01, 718.1 and 718.2 and relevant case law

Ratio Decidendi

The mandatory minimum of 90 days did not materially exceed the bottom of the applicable sentencing range for this offender given the gravity and circumstances; a 90-day custodial sentence is proportionate and not grossly disproportionate, so the court declined to consider the constitutional challenge under s.12 on the basis of reasonably foreseeable circumstances and imposed the 90-day sentence with ancillary orders.

Court Disposition

Accused sentenced to 90 days incarceration; declined to strike down mandatory minimum; ancillary orders imposed.

Orders

  • Custodial sentence of 90 days incarceration.
  • Probation for two years with statutory conditions (s.732.1) and additional conditions: report to probation officer within three working days of release and as directed; no contact with the complainant; attend assessment and counselling as directed by probation officer (excluding a sex offender assessment).