R. v. C.M.S.

R. v. C.M.S.

Given the repeated sexual interference of a young Indigenous girl by an adult in a position of trust, the primary sentencing objectives of denunciation and deterrence required a custodial sentence; a 24‑month term of imprisonment followed by three years' probation (with ancillary orders) is proportionate and fits Friesen and statutory sentencing principles.

Citation
2022 NSSC 166
Parties
Crown: Her Majesty the Queen; Defendant: C.M.S.
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
20 May 2022
Procedural Posture
Criminal Sexual Offences / Sentencing Decision
Outcome
Conviction on s.151 (sexual interference); s.271 charge stayed under Kienapple; sentenced to 24 months' imprisonment followed by 3 years' probation; ancillary orders imposed.
Legal Topics
Sexual Interference (s.151), Sexual Assault (s.271), Sentencing Principles, Position of Trust, Denunciation and Deterrence, Conditional Sentence Availability, Victim Impact, Indigenous Victim Vulnerability
Source Language
English
Criminal Law Sexual Offences Sentencing Sexual Interference (s.151) Sexual Assault (s.271) Sentencing Principles Position of Trust Denunciation and Deterrence +3 more

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Parties

Her Majesty the Queen

Crown

C.M.S.

Defendant

Procedural Posture

Criminal Sexual Offences / Sentencing Decision

Legal Issues

  1. 1 What is a fit and proper sentence for conviction under s.151 (sexual interference)
  2. 2 Whether a conditional sentence is appropriate or custody is required
  3. 3 Application of s.718.01 and R. v. Friesen regarding primary consideration of denunciation and deterrence for offences against children

Ratio Decidendi

Given the repeated sexual interference of a young Indigenous girl by an adult in a position of trust, the primary sentencing objectives of denunciation and deterrence required a custodial sentence; a 24‑month term of imprisonment followed by three years' probation (with ancillary orders) is proportionate and fits Friesen and statutory sentencing principles.

Court Disposition

Conviction on s.151 (sexual interference); s.271 charge stayed under Kienapple; sentenced to 24 months' imprisonment followed by 3 years' probation; ancillary orders imposed.

Orders

  • Sentence of 24 months' imprisonment for sexual interference (s.151)
  • Three years' probation with conditions pursuant to s.732.1(2) and s.732.1(3): keep the peace and be of good behaviour; appear when required; notify court/probation officer of change of name, address or employment; report to probation officer within two working days upon expiration of custody and thereafter as...