R. v. Percy

R. v. Percy

Given the objectively serious nature of intercourse with an unconscious victim and the additional intrusion of surreptitious recordings in the victim's home, denunciation and general deterrence required a custodial sentence within established ranges; the court imposed 2 years for sexual assault and a consecutive 6 months for voyeurism (total 912 days), applied enhanced pre-trial custody credit of 768 days leaving 144 days to serve, and ordered 3 years probation plus specified ancillary orders and sexual offender assessment/treatment to address rehabilitation needs.

Citation
2019 NSPC 12
Parties
Crown: Her Majesty the Queen; Defendant: Matthew Albert Percy
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
2 May 2019
Procedural Posture
Criminal / Sentencing
Outcome
Guilty. Sentenced to a total custodial term of 2.5 years (2 years for sexual assault consecutive to 6 months for voyeurism); enhanced credit of 768 days applied leaving 144 days custody to serve; followed by probation and ancillary orders.
Legal Topics
Sexual Assault, Voyeurism, Sentencing Principles, Pre Trial Custody Credit, Probation, Ancillary Orders, Sexual Offender Programming
Source Language
English
Criminal Law Sentencing Sexual Offences Privacy/surveillance Sexual Assault Voyeurism Sentencing Principles Pre Trial Custody Credit +3 more

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Parties

Her Majesty the Queen

Crown

Matthew Albert Percy

Defendant

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate custodial sentence for sexual assault contrary to s.271
  2. 2 Appropriate custodial sentence for voyeurism contrary to s.162(1)(c)
  3. 3 Whether sentences should be consecutive

Ratio Decidendi

Given the objectively serious nature of intercourse with an unconscious victim and the additional intrusion of surreptitious recordings in the victim's home, denunciation and general deterrence required a custodial sentence within established ranges; the court imposed 2 years for sexual assault and a consecutive 6 months for voyeurism (total 912 days), applied enhanced pre-trial custody credit of 768 days leaving 144 days to serve, and ordered 3 years probation plus specified ancillary orders and sexual offender assessment/treatment to address rehabilitation needs.

Court Disposition

Guilty. Sentenced to a total custodial term of 2.5 years (2 years for sexual assault consecutive to 6 months for voyeurism); enhanced credit of 768 days applied leaving 144 days custody to serve; followed by probation and ancillary orders.

Orders

  • Custodial sentence: 2 years for sexual assault (s.271)
  • Consecutive custodial sentence: 6 months (182 days) for voyeurism (s.162(1)(c))