R. v. C.R.H.

R. v. C.R.H.

The appropriate sentence is custodial because denunciation and deterrence predominate, the offender's moral blameworthiness is high (position of familial trust, repeated offences spanning years, prior sexual offence conviction, denial of responsibility and refusal of assessment/treatment), and rehabilitation prospects are poor; applying the totality principle the judge imposed 18 months on Count 2 plus consecutive 6-month terms on Counts 3 and 4 for a global sentence of 30 months, and ordered ancillary measures including DNA and SOIRA registration for life, a 20-year firearms prohibition starting now, a 20-year section 161 prohibition after release, no contact directions, and waiver of...

Citation
2012 NSSC 233
Parties
Crown: Her Majesty The Queen; Accused: C. R. H.
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
19 June 2012
Procedural Posture
Criminal Sexual Offences / Sentencing (post Conviction)
Outcome
Accused sentenced to imprisonment; ancillary orders imposed
Legal Topics
Sexual Touching of a Minor, Invitation to Sexual Touching, Sentencing Principles, Totality Principle, Ancillary Orders (dna, SOIRA, Firearms, Prohibitions)
Source Language
English
Criminal Law Sentencing Sexual Offences Child Protection Sexual Touching of a Minor Invitation to Sexual Touching Sentencing Principles Totality Principle +1 more

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Parties

Her Majesty The Queen

Crown

C. R. H.

Accused

Procedural Posture

Criminal Sexual Offences / Sentencing (post Conviction)

Legal Issues

  1. 1 What is the fit sentence for multiple sexual offences against a person under 16?
  2. 2 How to apply sentencing objectives (denunciation, deterrence, rehabilitation) and the totality principle to concurrent and consecutive terms?
  3. 3 Whether and what ancillary orders (DNA, SOIRA, firearms prohibition, section 161 order) should be imposed

Ratio Decidendi

The appropriate sentence is custodial because denunciation and deterrence predominate, the offender's moral blameworthiness is high (position of familial trust, repeated offences spanning years, prior sexual offence conviction, denial of responsibility and refusal of assessment/treatment), and rehabilitation prospects are poor; applying the totality principle the judge imposed 18 months on Count 2 plus consecutive 6-month terms on Counts 3 and 4 for a global sentence of 30 months, and ordered ancillary measures including DNA and SOIRA registration for life, a 20-year firearms prohibition starting now, a 20-year section 161 prohibition after release, no contact directions, and waiver of...

Court Disposition

Accused sentenced to imprisonment; ancillary orders imposed

Orders

  • Count #2: 18 months imprisonment
  • Count #3: 6 months imprisonment consecutive to Count #2