R. v. R.B.

R. v. R.B.

The court accepted the joint recommendation and entered convictions on the specified counts because the recommended concurrent two-year custodial sentence was not inconsistent with sentencing principles given the accused's position of trust, the victims' ages, the guilty pleas and lack of prior record; the court...

Source-derived case information.

Citation
2008 NSSC 335
Parties
Prosecution: Her Majesty the Queen; Defendant: R. B.
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
16 October 2008
Procedural Posture
Criminal / Sentencing
Outcome
Convictions entered on counts three, four and six; concurrent custodial sentences of two years imposed on each count; DNA sample and sex offender registration ordered; firearms prohibition imposed for ten years post-release.
Legal Topics
Sexual Assault, Indecent Assault, Joint Recommendation, DNA Order, Sex Offender Registry, Firearms Prohibition
Source Language
english
Criminal Law Sex Offences Sentencing Sexual Assault Indecent Assault Joint Recommendation DNA Order Sex Offender Registry +1 more

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Parties

Her Majesty the Queen

Prosecution

R. B.

Defendant

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Whether the court should accept a joint recommendation for sentence
  2. 2 Appropriate sentence given position of trust and ages of victims
  3. 3 Applicability of DNA and sex offender registry orders

Ratio Decidendi

The court accepted the joint recommendation and entered convictions on the specified counts because the recommended concurrent two-year custodial sentence was not inconsistent with sentencing principles given the accused's position of trust, the victims' ages, the guilty pleas and lack of prior record; the court imposed concurrent two-year terms, ordered DNA sample collection and registration under s.490.013 and imposed a ten-year firearms prohibition under s.109.

Court Disposition

Convictions entered on counts three, four and six; concurrent custodial sentences of two years imposed on each count; DNA sample and sex offender registration ordered; firearms prohibition imposed for ten years post-release.

Orders

  • Two years imprisonment on count three (sexual assault) to be served in a federal institution.
  • Two years imprisonment on count four (indecent assault) concurrent with count three.