R. v. Ward

R. v. Ward

Because the accused repeatedly and flagrantly breached a lifetime s.161 internet prohibition shortly after release for prior sexual offences against children, denunciation and deterrence required a significant custodial sentence; the court accepted the Crown's recommendation of a global 21-month sentence, awarded...

Source-derived case information.

Citation
2023 NSPC 5
Parties
Crown: His Majesty The King; Defendant: Gerald Paul Ward
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
27 January 2023
Procedural Posture
Criminal / Sentencing
Outcome
Convicted (plea of guilty) and sentenced
Legal Topics
Breach of S.161 Order, Forfeiture of Devices, Probation Conditions, Remand Credit, Denunciation and Deterrence
Source Language
english
Criminal Law Sentencing Sexual Offences Internet Prohibition Orders Breach of S.161 Order Forfeiture of Devices Probation Conditions Remand Credit +1 more

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Parties

His Majesty The King

Crown

Gerald Paul Ward

Defendant

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Whether the breaches of a lifetime s.161 internet prohibition warrant a custodial sentence
  2. 2 Appropriate length and structure of sentence (global vs consecutive)
  3. 3 Appropriate remand credit and whether enhanced credit is justified

Ratio Decidendi

Because the accused repeatedly and flagrantly breached a lifetime s.161 internet prohibition shortly after release for prior sexual offences against children, denunciation and deterrence required a significant custodial sentence; the court accepted the Crown's recommendation of a global 21-month sentence, awarded 150 days remand credit (1.5:1 on 100 days remand), ordered forfeiture of the seized devices, and imposed a three-year probation with strict internet- and device-related conditions to protect children.

Court Disposition

Convicted (plea of guilty) and sentenced