R. v. D.R.

R. v. D.R.

Given the high objective gravity of incest involving a parent and a vulnerable victim functioning at a reduced mental age, and the offender's high degree of moral blameworthiness despite mitigation, the appropriate sentence is a term of imprisonment of 42 months (within an established 3–5 year range) and ancillary orders (DNA, 20-year SOIRA, 10-year weapons prohibition, 10-year s.161 restrictions and custodial non-communication), while waiving the victim surcharge.

Citation
2020 NSPC 46
Parties
Prosecution: Her Majesty the Queen; Defendant: D. R.
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
29 January 2020
Procedural Posture
Criminal / Sentencing
Outcome
Convicted on guilty plea; sentenced to 42 months imprisonment in a federal penitentiary.
Legal Topics
Incest, Ancillary Orders, Victim Vulnerability, Publication Restrictions
Source Language
English
Criminal Law Sex Offences Sentencing Incest Ancillary Orders Victim Vulnerability Publication Restrictions

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Parties

Her Majesty the Queen

Prosecution

D. R.

Defendant

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for incest contrary to s.155(1) Criminal Code
  2. 2 Application of sentencing principles including proportionality, denunciation, deterrence and parity
  3. 3 Appropriateness and duration of ancillary orders (DNA, SOIRA, weapons prohibition, s.161 order)

Ratio Decidendi

Given the high objective gravity of incest involving a parent and a vulnerable victim functioning at a reduced mental age, and the offender's high degree of moral blameworthiness despite mitigation, the appropriate sentence is a term of imprisonment of 42 months (within an established 3–5 year range) and ancillary orders (DNA, 20-year SOIRA, 10-year weapons prohibition, 10-year s.161 restrictions and custodial non-communication), while waiving the victim surcharge.

Court Disposition

Convicted on guilty plea; sentenced to 42 months imprisonment in a federal penitentiary.

Orders

  • Publication restrictions applied pursuant to ss.486.4 and 486.5 of the Criminal Code
  • Provide DNA sample pursuant to s.487.051 of the Criminal Code