R. v. C.F.Y.

R. v. C.F.Y.

Given the offender's role in loco parentis, the age and impact on the victim, the existence of prior similar convictions and the primary need for denunciation and deterrence in child sexual offences, a conditional sentence would not be appropriate; a short period of incarceration balanced with rehabilitation and supervision is required: eight months custody on Count 2, concurrent 90 days on Count 4, followed by 30 months probation with specified conditions and ancillary orders (DNA, lifetime SOIRA, prohibitions on contact).

Citation
2019 NSSC 178
Parties
Crown: Her Majesty the Queen; Defendant: C.F.Y.
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
27 May 2019
Procedural Posture
Criminal Sentencing / Sentencing Decision
Outcome
Convicted. Sentenced to 8 months custody on Count 2 and 90 days custody on Count 4 to be served concurrently; 30 months probation; ancillary orders including prohibitions, DNA and lifetime SOIRA.
Legal Topics
Sexual Interference (s.151), Sexual Assault (s.271), Position of Trust, Denunciation and Deterrence, Conditional Sentence, Probation, Ancillary Orders, DNA, SOIRA
Source Language
English
Criminal Law Sentencing Sexual Offences Child Protection Sexual Interference (s.151) Sexual Assault (s.271) Position of Trust Denunciation and Deterrence +5 more

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Parties

Her Majesty the Queen

Crown

C.F.Y.

Defendant

Procedural Posture

Criminal Sentencing / Sentencing Decision

Legal Issues

  1. 1 Appropriate sentence for s.151 touching offences against a minor by a person in a position of trust
  2. 2 Whether a conditional sentence order is appropriate or whether incarceration is required to achieve denunciation and deterrence
  3. 3 Weight to give prior convictions and multiple victims in same family

Ratio Decidendi

Given the offender's role in loco parentis, the age and impact on the victim, the existence of prior similar convictions and the primary need for denunciation and deterrence in child sexual offences, a conditional sentence would not be appropriate; a short period of incarceration balanced with rehabilitation and supervision is required: eight months custody on Count 2, concurrent 90 days on Count 4, followed by 30 months probation with specified conditions and ancillary orders (DNA, lifetime SOIRA, prohibitions on contact).

Court Disposition

Convicted. Sentenced to 8 months custody on Count 2 and 90 days custody on Count 4 to be served concurrently; 30 months probation; ancillary orders including prohibitions, DNA and lifetime SOIRA.

Orders

  • Order pursuant to s.743.21(1) of the Criminal Code