R. v. Baxter

R. v. Baxter

Given the exploitation of a vulnerable adult facilitated by a minor, the offender's prior sexual offending, the public location, limited effectiveness of prior rehabilitation, and the need for denunciation and general/specific deterrence, a custodial sentence was necessary and proportionate; two months incarceration to be served consecutive to time being served plus one year probation with specified conditions is fit and proper, and ancillary DNA and lifetime SOIRA orders are granted.

Citation
2019 NSPC 8
Parties
Crown: Her Majesty the Queen; Defendant: Bradley Baxter
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
4 April 2019
Procedural Posture
Criminal / Sentencing
Outcome
Guilty plea accepted; sentence imposed: two months custody consecutive to time being served, one year probation, DNA order, lifetime SOIRA order.
Legal Topics
S.286.1(1) Criminal Code (obtaining Sexual Services), Mandatory Minimum Sentences, Denunciation and Deterrence, Ancillary Orders (dna, Soira), Vulnerability of Victims, Consecutive Sentences
Source Language
English
Criminal Law Sexual Offences Sentencing S.286.1(1) Criminal Code (obtaining Sexual Services) Mandatory Minimum Sentences Denunciation and Deterrence Ancillary Orders (dna, Soira) Vulnerability of Victims +1 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 11 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

Her Majesty the Queen

Crown

Bradley Baxter

Defendant

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate and proportionate sentence for s.286.1(1) offence
  2. 2 Whether custodial sentence required given aggravating and mitigating factors
  3. 3 Application of mandatory minimum sentencing regime

Ratio Decidendi

Given the exploitation of a vulnerable adult facilitated by a minor, the offender's prior sexual offending, the public location, limited effectiveness of prior rehabilitation, and the need for denunciation and general/specific deterrence, a custodial sentence was necessary and proportionate; two months incarceration to be served consecutive to time being served plus one year probation with specified conditions is fit and proper, and ancillary DNA and lifetime SOIRA orders are granted.

Court Disposition

Guilty plea accepted; sentence imposed: two months custody consecutive to time being served, one year probation, DNA order, lifetime SOIRA order.

Orders

  • Two months incarceration to be served consecutive to time currently being served.
  • One year probation commencing on release including conditions: keep the peace and be of good behaviour; report to and be under supervision of a Probation Officer and report to Probation Office at 136 Exhibition Street, Kentville within 2 days of release; abstain from contact or communication, directly or indirectly,...