R. v. R.R.I.

R. v. R.R.I.

Although a conditional sentence was not precluded by range, the prolonged grooming, systematic sexualization of the victim beginning at age 12–13, the breach of parental trust and the significant and lasting harm to the victim made a custodial sentence necessary to satisfy denunciation and deterrence; the accused was sentenced to 12 months imprisonment in a provincial institution, followed by three years probation, a 10-year SOIRA order, primary-designated DNA order, and orders concerning forfeiture/destruction of electronic devices and prohibition on internet-capable devices.

Citation
2016 NSPC 66
Parties
Crown: Her Majesty the Queen; Defendant: R. R. I.
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
8 September 2016
Procedural Posture
Criminal Sexual Assault (indictment) / Sentencing Decision
Outcome
Guilty plea entered; sentenced to 12 months imprisonment (provincial) followed by three years probation; SOIRA order for 10 years; DNA order (primary-designated); forfeiture/destruction of electronic devices used in offending; prohibition on possession of internet-capable devices; victim fine surcharge payable...
Legal Topics
Sexual Assault, Grooming, Conditional Sentence Eligibility, Aggravating and Mitigating Factors, SOIRA Order, DNA Order, Forfeiture of Electronic Devices, Publication Ban
Source Language
English
Criminal Law Sexual Offences Sentencing Child Protection Sexual Assault Grooming Conditional Sentence Eligibility Aggravating and Mitigating Factors +4 more

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Parties

Her Majesty the Queen

Crown

R. R. I.

Defendant

Procedural Posture

Criminal Sexual Assault (indictment) / Sentencing Decision

Legal Issues

  1. 1 Whether a conditional sentence was permissible and appropriate for convictions under s.271
  2. 2 Appropriate range of custody and probation for prolonged grooming and sexual assault by a parent
  3. 3 Application of sentencing principles in s.718 et seq. including denunciation and deterrence

Ratio Decidendi

Although a conditional sentence was not precluded by range, the prolonged grooming, systematic sexualization of the victim beginning at age 12–13, the breach of parental trust and the significant and lasting harm to the victim made a custodial sentence necessary to satisfy denunciation and deterrence; the accused was sentenced to 12 months imprisonment in a provincial institution, followed by three years probation, a 10-year SOIRA order, primary-designated DNA order, and orders concerning forfeiture/destruction of electronic devices and prohibition on internet-capable devices.

Court Disposition

Guilty plea entered; sentenced to 12 months imprisonment (provincial) followed by three years probation; SOIRA order for 10 years; DNA order (primary-designated); forfeiture/destruction of electronic devices used in offending; prohibition on possession of internet-capable devices; victim fine surcharge payable...

Orders

  • 12 months imprisonment in a provincial institution commencing as ordered
  • Probation for three years with conditions: keep the peace and be of good behaviour; appear when required; notify court/probation officer of name/address/employment changes; report to probation officer within 10 days of release; remain within Nova Scotia without permission; reside at specified address; undergo and...