R. v MacDermid

R. v MacDermid

Given the aggravating factors—victim aged 12, significant psychological harm, high assessed risk of reoffending, and reckless disregard for the victim's age—balanced against mitigation (young adult offender, guilty plea, mental-health history) the appropriate fit sentence is two years' imprisonment (within the calculated 2–3 year range), three years' probation, and mandatory ancillary orders; no reduction for bail/release restrictions was warranted on the evidence.

Citation
2022 NSPC 38
Parties
Prosecution: His Majesty the King; Defendant: Brandon Morris MacDermid
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
9 November 2022
Procedural Posture
Criminal Sexual Interference (s.151(a) Criminal Code) / Sentencing Decision
Outcome
Guilty plea to indictable offence of sexual interference (s.151(a)); custodial sentence imposed
Legal Topics
Sentencing Principles, Mandatory Minimums, Dangerousness and Risk Assessment, Publication Restriction, Bail Credit, Ancillary Orders (dna, SOIRA, Weapons Prohibition)
Source Language
English
Criminal Law Sentencing Sexual Offences Child Protection Sentencing Principles Mandatory Minimums Dangerousness and Risk Assessment Publication Restriction +2 more

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Parties

His Majesty the King

Prosecution

Brandon Morris MacDermid

Defendant

Procedural Posture

Criminal Sexual Interference (s.151(a) Criminal Code) / Sentencing Decision

Legal Issues

  1. 1 Appropriate sentence for an adult convicted of sexual interference with a 12-year-old
  2. 2 Effect of guilty plea and offender youth on sentence
  3. 3 Whether bail/release restrictions justify credit against sentence

Ratio Decidendi

Given the aggravating factors—victim aged 12, significant psychological harm, high assessed risk of reoffending, and reckless disregard for the victim's age—balanced against mitigation (young adult offender, guilty plea, mental-health history) the appropriate fit sentence is two years' imprisonment (within the calculated 2–3 year range), three years' probation, and mandatory ancillary orders; no reduction for bail/release restrictions was warranted on the evidence.

Court Disposition

Guilty plea to indictable offence of sexual interference (s.151(a)); custodial sentence imposed

Orders

  • Two years' imprisonment in a federal penitentiary
  • Three-year probation order with specified conditions (checklist provided to clerk)