R. v. A.J.A.

R. v. A.J.A.

The court accepted the joint recommendation because, applying s.718-718.2 and relevant authority on joint submissions, the mitigating factors (early plea, psychological assessment indicating low sexual recidivism risk, remorse, rehabilitation prospects, absence of prior sexual offences, and views of affected parties) outweighed the aggravating factor of position of trust and two incidents; therefore a 12 month conditional sentence (house arrest) followed by three years probation with strict conditions was fit and not contrary to the public interest.

Citation
2004 NSSC 242
Parties
Crown: Her Majesty the Queen; Defendant: A. J. A.
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
9 November 2004
Procedural Posture
Criminal / Sentencing
Outcome
Guilty plea entered; sentence imposed: 12 months conditional sentence (house arrest) followed by 3 years probation.
Legal Topics
Position of Trust, Conditional Sentence, Probation, Psychological Assessment, Recidivism Risk, Joint Sentencing Recommendation
Source Language
English
Criminal Law Sexual Offences Sentencing Position of Trust Conditional Sentence Probation Psychological Assessment Recidivism Risk +1 more

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Parties

Her Majesty the Queen

Crown

A. J. A.

Defendant

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for sexual intercourse with a minor while in a position of trust
  2. 2 Whether a joint recommendation for a conditional sentence is fit in the public interest
  3. 3 Weighing aggravating and mitigating factors including risk of recidivism and rehabilitation prospects

Ratio Decidendi

The court accepted the joint recommendation because, applying s.718-718.2 and relevant authority on joint submissions, the mitigating factors (early plea, psychological assessment indicating low sexual recidivism risk, remorse, rehabilitation prospects, absence of prior sexual offences, and views of affected parties) outweighed the aggravating factor of position of trust and two incidents; therefore a 12 month conditional sentence (house arrest) followed by three years probation with strict conditions was fit and not contrary to the public interest.

Court Disposition

Guilty plea entered; sentence imposed: 12 months conditional sentence (house arrest) followed by 3 years probation.

Orders

  • Conditional sentence of 12 months to be served under house arrest with specified exceptions and a maximum of four hours per week approved absence
  • Report to supervisor at 277 Pleasant Street Dartmouth on or before November 12, 2004 and as directed; remain within Nova Scotia unless written permission obtained; notify supervisor of any change of name,address or employment within 24 hours