R v. CDC

R v. CDC

The court fixed a custodial sentence of 22 months because aggravating factors (victim was a minor, grooming, abuse of trust, degrading acts, and psychological harm) outweighed mitigating factors; the sentence falls within the court's assessed range of 18–30 months guided by ss.718–718.2 and appellate authority (Friesen and related provincial authorities).

Citation
2021 NSSC 287
Parties
Prosecution: Her Majesty the Queen; Defendant: CDC
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
13 April 2021
Procedural Posture
Criminal Sexual Assault / Sentencing Decision
Outcome
Accused found guilty; sentenced to 22 months custody.
Legal Topics
Sexual Assault, Sentencing Principles, Abuse of Trust, Publication Bans (s.486.4/486.5)
Source Language
English
Criminal Law Sexual Offences Sentencing Sexual Assault Sentencing Principles Abuse of Trust Publication Bans (s.486.4/486.5)

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Parties

Her Majesty the Queen

Prosecution

CDC

Defendant

Procedural Posture

Criminal Sexual Assault / Sentencing Decision

Legal Issues

  1. 1 Appropriate sentence for sexual assault of a child
  2. 2 Application of ss.718-718.2 sentencing principles including primary consideration of denunciation and deterrence for offences against children
  3. 3 Aggravating factors: abuse of trust, grooming, harm to victim

Ratio Decidendi

The court fixed a custodial sentence of 22 months because aggravating factors (victim was a minor, grooming, abuse of trust, degrading acts, and psychological harm) outweighed mitigating factors; the sentence falls within the court's assessed range of 18–30 months guided by ss.718–718.2 and appellate authority (Friesen and related provincial authorities).

Court Disposition

Accused found guilty; sentenced to 22 months custody.

Orders

  • 22 months imprisonment imposed with no credit for 6 days remand
  • Ancillary orders granted pursuant to s.109