R. v. d'Eon

R. v. d'Eon

The joint submission was rejected because, given the gravity of using a very young child as a photographic prop, the offender’s extensive prior breaches of probation, assessed moderate‑high sexual recidivism risk, and the need for sex‑offender treatment available only in federal custody, acceptance of the joint recommendation would undermine the public interest and bring the administration of justice into disrepute; therefore a longer federal sentence was imposed (42 months reduced by 501 days remand credit) with ancillary orders and concurrent shorter sentences for possession and breaches of probation.

Citation
2017 NSPC 22
Parties
Prosecution: Her Majesty the Queen; Defendant: Jacque Alain d’Eon
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
7 April 2017
Procedural Posture
Criminal Child Pornography and Breach of Probation / Sentencing / Decision
Outcome
Convicted (guilty pleas) and sentenced; joint submission rejected; harsher custody imposed to ensure access to treatment and protect public
Legal Topics
Minimum Sentences, Joint Submission/public Interest Test, Remand Credit (1:1.5 Dispute), Ancillary Orders (firearms, DNA, Soira), Sex Offender Treatment and Placement, Victim Impact Statements
Source Language
English
Criminal Law Sentencing Sex Offences Child Pornography Probation and Breach Minimum Sentences Joint Submission/public Interest Test Remand Credit (1:1.5 Dispute) +3 more

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Parties

Her Majesty the Queen

Prosecution

Jacque Alain d’Eon

Defendant

Procedural Posture

Criminal Child Pornography and Breach of Probation / Sentencing / Decision

Legal Issues

  1. 1 Whether to accept a joint submission recommending two years less one day custody given aggravating factors
  2. 2 Appropriate sentence for making and possessing child pornography and concurrent breach of probation charges
  3. 3 Application of mandatory minimum sentences for child pornography offences

Ratio Decidendi

The joint submission was rejected because, given the gravity of using a very young child as a photographic prop, the offender’s extensive prior breaches of probation, assessed moderate‑high sexual recidivism risk, and the need for sex‑offender treatment available only in federal custody, acceptance of the joint recommendation would undermine the public interest and bring the administration of justice into disrepute; therefore a longer federal sentence was imposed (42 months reduced by 501 days remand credit) with ancillary orders and concurrent shorter sentences for possession and breaches of probation.

Court Disposition

Convicted (guilty pleas) and sentenced; joint submission rejected; harsher custody imposed to ensure access to treatment and protect public

Orders

  • Custody: 42 months in a federal institution on the making child pornography charge, reduced by 501 days credit for remand time (334 days served given 1.5 multiplier to 501 days)
  • Possession of child pornography: 6 months custody, concurrent to the 42 month sentence