R. v. I.G.L.

R. v. I.G.L.

The court accepted the joint recommendation as within an acceptable range given the aggravating factors (abuse of children, position of trust, prolonged misconduct) and mitigating factors (early guilty pleas, remorse, volunteer admissions) and imposed a global three year federal custodial sentence with concurrent terms and mandatory ancillary orders including DNA, a 10 year firearms prohibition and a 20 year SOIRA order.

Citation
2015 NSSC 277
Parties
Crown: Her Majesty the Queen; Defendant: I.G.L.
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
28 September 2015
Procedural Posture
Criminal / Sentencing Following Guilty Pleas
Outcome
Global sentence of three years' imprisonment to be served in a federal institution; concurrent sentences on counts producing a total of three years; ancillary orders imposed.
Legal Topics
Sexual Assault, Sexual Touching, Position of Trust, Joint Submission on Sentence, Sentencing Principles
Source Language
English
Criminal Law Sentencing Sexual Offences Child Protection Sexual Assault Sexual Touching Position of Trust Joint Submission on Sentence +1 more

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Parties

Her Majesty the Queen

Crown

I.G.L.

Defendant

Procedural Posture

Criminal / Sentencing Following Guilty Pleas

Legal Issues

  1. 1 Appropriate sentence for sexual offences against step-children
  2. 2 Whether to accept the joint recommendation on sentence
  3. 3 Application of aggravating and mitigating factors including position of trust and abuse of children

Ratio Decidendi

The court accepted the joint recommendation as within an acceptable range given the aggravating factors (abuse of children, position of trust, prolonged misconduct) and mitigating factors (early guilty pleas, remorse, volunteer admissions) and imposed a global three year federal custodial sentence with concurrent terms and mandatory ancillary orders including DNA, a 10 year firearms prohibition and a 20 year SOIRA order.

Court Disposition

Global sentence of three years' imprisonment to be served in a federal institution; concurrent sentences on counts producing a total of three years; ancillary orders imposed.

Orders

  • Three years' imprisonment (federal) on count of sexual assault contrary to s.271 (S.H.), concurrent three years on sexual assault contrary to s.271 (K.C.), concurrent three years on sexual touching contrary to s.153(a) (H.H.) for a total of three years' imprisonment
  • Mandatory DNA order pursuant to s.487.051 of the Criminal Code