R. v. Simpson

R. v. Simpson

Court found proven non-consensual unprotected vaginal intercourse amounting to a very serious sexual assault with high moral blameworthiness; having weighed aggravating factors (intercourse, no condom, profound victim harm) against mitigation (no prior record, positive PSR), and applying proportionality and parity with comparable jurisprudence, the appropriate sentence is three years custody; ancillary orders for DNA and 20-year SOIRA registration and victim surcharge were ordered.

Citation
2017 NSPC 25
Parties
Prosecution: Her Majesty the Queen; Defendant: Paul Simpson
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
23 May 2017
Procedural Posture
Criminal Sexual Assault (s.271(1) Criminal Code) / Sentencing Decision (post Conviction)
Outcome
Defendant sentenced to 3 years imprisonment; DNA order granted; name added to Sex Offender Registry and 20-year SOIRA registration ordered; victim surcharge of $100 imposed with extended payment date.
Legal Topics
Sexual Assault, Sentencing Principles, DNA Order, Sex Offender Registry (soira), Victim Impact
Source Language
English
Criminal Law Sexual Offences Sentencing Sexual Assault Sentencing Principles DNA Order Sex Offender Registry (soira) Victim Impact

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 6 Authorities cited 28 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Her Majesty the Queen

Prosecution

Paul Simpson

Defendant

Procedural Posture

Criminal Sexual Assault (s.271(1) Criminal Code) / Sentencing Decision (post Conviction)

Legal Issues

  1. 1 Appropriate sentence for non-consensual unprotected vaginal intercourse
  2. 2 Whether a conditional sentence was available
  3. 3 Whether ancillary orders (DNA, SOIRA, victim surcharge) should be imposed

Ratio Decidendi

Court found proven non-consensual unprotected vaginal intercourse amounting to a very serious sexual assault with high moral blameworthiness; having weighed aggravating factors (intercourse, no condom, profound victim harm) against mitigation (no prior record, positive PSR), and applying proportionality and parity with comparable jurisprudence, the appropriate sentence is three years custody; ancillary orders for DNA and 20-year SOIRA registration and victim surcharge were ordered.

Court Disposition

Defendant sentenced to 3 years imprisonment; DNA order granted; name added to Sex Offender Registry and 20-year SOIRA registration ordered; victim surcharge of $100 imposed with extended payment date.

Orders

  • Impose custody sentence of 3 years in a federal penitentiary
  • DNA sample to be taken pursuant to s.487.051(2) of the Criminal Code