R. v. Scott

R. v. Scott

Applying Nur and Friesen, the mandatory minimum six month custodial term for each offence would be grossly disproportionate as applied to this offender given the low-level, brief nature of the touching, the offender's advanced age and documented moderate-to-severe cognitive impairment reducing moral culpability; therefore the mandatory minimum was found to be cruel and unusual in this specific case and a conditional sentence (three months consecutive on each count, total six months served in the community) with significant conditions plus three years probation, DNA order, lifetime SOIRA reporting and a ten-year s.161 prohibition was imposed.

Citation
2021 NSPC 42
Parties
Crown: Her Majesty the Queen; Defendant: Edward Charles Scott
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
25 August 2021
Procedural Posture
Criminal Sexual Offences (summary Conviction) / Sentencing After Guilty Plea
Outcome
Guilty pleas entered; mandatory minimum six-month custody declared grossly disproportionate as applied; conditional sentence and probation imposed
Legal Topics
Mandatory Minimum Sentences, Cruel and Unusual Punishment (charter S.12), Sentencing Principles, Publication Restriction (criminal Code S.486.4)
Source Language
English
Criminal Law Constitutional Law Child Protection/youth Justice Mandatory Minimum Sentences Cruel and Unusual Punishment (charter S.12) Sentencing Principles Publication Restriction (criminal Code S.486.4)

Case Brief

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Parties

Her Majesty the Queen

Crown

Edward Charles Scott

Defendant

Procedural Posture

Criminal Sexual Offences (summary Conviction) / Sentencing After Guilty Plea

Legal Issues

  1. 1 Whether the mandatory minimum six month sentence under s.271(1)(b) of the Criminal Code violates s.12 of the Charter as grossly disproportionate
  2. 2 What is a fit and proportionate sentence in light of Friesen and Nur
  3. 3 How the offender's severe cognitive impairment and reduced moral culpability affect sentencing

Ratio Decidendi

Applying Nur and Friesen, the mandatory minimum six month custodial term for each offence would be grossly disproportionate as applied to this offender given the low-level, brief nature of the touching, the offender's advanced age and documented moderate-to-severe cognitive impairment reducing moral culpability; therefore the mandatory minimum was found to be cruel and unusual in this specific case and a conditional sentence (three months consecutive on each count, total six months served in the community) with significant conditions plus three years probation, DNA order, lifetime SOIRA reporting and a ten-year s.161 prohibition was imposed.

Court Disposition

Guilty pleas entered; mandatory minimum six-month custody declared grossly disproportionate as applied; conditional sentence and probation imposed

Orders

  • Conditional sentence order: six months custody to be served in the community (two consecutive three-month terms)
  • Conditions of conditional sentence: keep the peace and be of good behaviour; report to probation supervisor in Shelburne before 4:30 p.m. on sentencing day and thereafter as directed; remain in Nova Scotia unless written permission granted; notify Court/probation of any change of name, address or employment; no...