R. v. Pentecost

R. v. Pentecost

Because the offence involved grooming and sexualized communications with a person under 18 and abuse of a position of trust, denunciation and general deterrence were paramount; a conditional sentence would be inconsistent with these objectives; therefore a custodial sentence of 120 days and two years probation was fit and ancillary orders (DNA, SOIRA 20 years, firearms prohibition 10 years, five-year s.161 prohibition with child-access exception, non-communication order) were imposed.

Citation
2020 NSSC 277
Parties
Crown: Her Majesty the Queen; Accused: Jason Daniel Pentecost
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
18 August 2020
Procedural Posture
Criminal Luring (s.172.1 Criminal Code) / Sentencing After Trial (guilty Verdict)
Outcome
Accused found guilty at trial; sentenced to 120 days imprisonment followed by two years probation; conditional sentence denied; ancillary orders granted.
Legal Topics
Luring, Grooming, Sentencing Principles, Conditional Sentence, Ancillary Orders, SOIRA, DNA Order, Firearms Prohibition, Non Communication Order, Probation
Source Language
English
Criminal Law Sentencing Child Protection Internet/technology Luring Grooming Sentencing Principles Conditional Sentence +6 more

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Parties

Her Majesty the Queen

Crown

Jason Daniel Pentecost

Accused

Procedural Posture

Criminal Luring (s.172.1 Criminal Code) / Sentencing After Trial (guilty Verdict)

Legal Issues

  1. 1 What is a fit sentence for an s.172.1 luring conviction involving an adult and a minor?
  2. 2 Whether a conditional sentence is appropriate in this case
  3. 3 Assessment of aggravating and mitigating factors including position of trust and grooming

Ratio Decidendi

Because the offence involved grooming and sexualized communications with a person under 18 and abuse of a position of trust, denunciation and general deterrence were paramount; a conditional sentence would be inconsistent with these objectives; therefore a custodial sentence of 120 days and two years probation was fit and ancillary orders (DNA, SOIRA 20 years, firearms prohibition 10 years, five-year s.161 prohibition with child-access exception, non-communication order) were imposed.

Court Disposition

Accused found guilty at trial; sentenced to 120 days imprisonment followed by two years probation; conditional sentence denied; ancillary orders granted.

Orders

  • 120 days imprisonment (custody)
  • Two years probation with specific conditions as listed in the decision (reporting, residence approval, travel restrictions, no alcohol or non-prescribed drugs, no weapons, no contact with victim, counselling and assessments, 50 metre exclusion from victim's residence/school/workplace, limited contact with persons...