R. v. R.E.M.

R. v. R.E.M.

Expert assessment placed the accused at moderate risk with treatable needs and did not satisfy statutory criteria for dangerous or long-term offender designation; balancing protection of the public and sentencing principles, a custodial term exceeding two years was required, and a 42-month sentence was imposed with double credit for 8 months 16 days remand (17 months), resulting in 25 months further custody; ancillary orders (ten-year s.161 prohibitions, ten-year SOIRA, DNA order, ten-year weapons prohibition) were appropriate to protect the public.

Citation
2008 NSPC 35
Parties
Crown: Her Majesty the Queen; Defendant: R. E. M.
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
18 June 2008
Procedural Posture
Criminal Sexual Offences With Crown Application for Dangerous/long Term Offender Designation; Sentencing / Sentencing (crown Abandoned Dangerous/long Term Offender Application After Assessment)
Outcome
Accused convicted on guilty pleas; sentenced to 42 months imprisonment with double credit for 8 months 16 days remand (credited as 17 months), resulting in 25 months further custody; ancillary orders issued.
Legal Topics
Sexual Assault, Breach of Undertaking, Dangerous Offender, Long Term Offender, Assessment Under S.752, Conditional Sentence, Pre Trial Custody Credit, SOIRA, DNA Order, Weapons Prohibition
Source Language
English
Criminal Law Sexual Offences Sentencing Dangerous Offender/long Term Offender Applications Ancillary Orders (soira, Dna, Weapons Prohibition) Sexual Assault Breach of Undertaking Dangerous Offender +7 more

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Parties

Her Majesty the Queen

Crown

R. E. M.

Defendant

Procedural Posture

Criminal Sexual Offences With Crown Application for Dangerous/long Term Offender Designation; Sentencing / Sentencing (crown Abandoned Dangerous/long Term Offender Application After Assessment)

Legal Issues

  1. 1 Whether statutory criteria met for designation as a dangerous offender under s.753 or long-term offender under s.753.1
  2. 2 Appropriate length and type of sentence for repeated sexual offences against a child
  3. 3 Whether a conditional sentence is appropriate

Ratio Decidendi

Expert assessment placed the accused at moderate risk with treatable needs and did not satisfy statutory criteria for dangerous or long-term offender designation; balancing protection of the public and sentencing principles, a custodial term exceeding two years was required, and a 42-month sentence was imposed with double credit for 8 months 16 days remand (17 months), resulting in 25 months further custody; ancillary orders (ten-year s.161 prohibitions, ten-year SOIRA, DNA order, ten-year weapons prohibition) were appropriate to protect the public.

Court Disposition

Accused convicted on guilty pleas; sentenced to 42 months imprisonment with double credit for 8 months 16 days remand (credited as 17 months), resulting in 25 months further custody; ancillary orders issued.

Orders

  • Imprisonment 42 months with double credit for 8 months 16 days remand (17 months credited); 25 months imprisonment remaining to be served
  • Prohibition pursuant to Criminal Code s.161(1)(a),(b) for ten years (no attendance at parks/public swimming areas where under-14s present except with adult over 25; no employment/volunteer positions of trust with under-14s)