R. v. A.

R. v. A.

Given the unique Gladue background, low risk of reoffending, the intrusive but brief nature of the assault and need for denunciation and deterrence, a six-month sentence less than two years is fit and proper and should be served in the community as a conditional sentence order (three months house arrest followed by three months curfew) with strict supervisory, treatment and no-contact conditions; an absolute alcohol abstinence condition was not imposed as it risked setting the offender up to fail; ancillary orders including 10-year weapons prohibition, 10-year SOIRA and DNA order were appropriate.

Citation
2019 NSPC 87
Parties
Crown: Her Majesty the Queen; Defendant: A.
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
19 June 2019
Procedural Posture
Criminal Sexual Assault / Sentencing Hearing
Outcome
Six month sentence to be served as a conditional sentence order (three months house arrest then three months curfew) followed by 18 months probation; ancillary orders imposed; no alcohol prohibition condition imposed on the CSO.
Legal Topics
Sentencing, Sexual Assault, Conditional Sentence Order, Gladue Principles, Aboriginal Offenders, Probation, No Contact Orders, Weapons Prohibition, DNA Order
Source Language
English
Criminal Law Sentencing Sexual Assault Conditional Sentence Order Gladue Principles Aboriginal Offenders Probation No Contact Orders +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 5 Authorities cited 21 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

Her Majesty the Queen

Crown

A.

Defendant

Procedural Posture

Criminal Sexual Assault / Sentencing Hearing

Legal Issues

  1. 1 Whether a custodial sentence should be served in the community by way of a conditional sentence order
  2. 2 Whether an alcohol abstinence condition should be imposed as part of the sentence
  3. 3 Application of Gladue principles and s.718.2(e) to the fit sentence

Ratio Decidendi

Given the unique Gladue background, low risk of reoffending, the intrusive but brief nature of the assault and need for denunciation and deterrence, a six-month sentence less than two years is fit and proper and should be served in the community as a conditional sentence order (three months house arrest followed by three months curfew) with strict supervisory, treatment and no-contact conditions; an absolute alcohol abstinence condition was not imposed as it risked setting the offender up to fail; ancillary orders including 10-year weapons prohibition, 10-year SOIRA and DNA order were appropriate.

Court Disposition

Six month sentence to be served as a conditional sentence order (three months house arrest then three months curfew) followed by 18 months probation; ancillary orders imposed; no alcohol prohibition condition imposed on the CSO.

Orders

  • Conditional sentence order for six months to be served in the community: three months house arrest then three months curfew with strict supervisory and program attendance conditions
  • Eighteen months probation with standard and treatment/supervision conditions