R. v. M.

R. v. M.

Although a conditional sentence was legally available and the accused posed a low risk of reoffending, the sentencing objectives of denunciation and general and specific deterrence, together with the gravity of repeated sexual offences by a parent against two daughters and the breach of trust, made a community-based sentence inappropriate; applying ss.718, 718.1, 718.2 and the totality principle, the court imposed concurrent and consecutive custodial terms resulting in a global federal sentence of five years, plus ancillary orders (10-year firearms prohibition and DNA order).

Citation
2002 NSSC 221
Parties
Crown: Her Majesty the Queen; Defendant: S
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
25 July 2002
Procedural Posture
Criminal / Sentencing (oral Decision)
Outcome
Convictions confirmed; sentenced to a global total of five years federal imprisonment with ancillary orders.
Legal Topics
Rape, Indecent Assault, Attempted Rape, Conditional Sentence Eligibility, Aggravating Factors (breach of Trust, Abuse of Child), DNA Order, Firearms Prohibition, Totality Principle
Source Language
English
Criminal Law Sentencing Sexual Offences Evidence & Procedure Rape Indecent Assault Attempted Rape Conditional Sentence Eligibility +4 more

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Parties

Her Majesty the Queen

Crown

S

Defendant

Procedural Posture

Criminal / Sentencing (oral Decision)

Legal Issues

  1. 1 Whether a conditional sentence under s.742.1 was available and appropriate
  2. 2 Proper sentence for multiple sexual offences by a parent against children given aggravating factors (breach of trust, repeated abuse)
  3. 3 Application of sentencing principles in ss.718, 718.1 and 718.2 including denunciation, deterrence, rehabilitation and proportionality

Ratio Decidendi

Although a conditional sentence was legally available and the accused posed a low risk of reoffending, the sentencing objectives of denunciation and general and specific deterrence, together with the gravity of repeated sexual offences by a parent against two daughters and the breach of trust, made a community-based sentence inappropriate; applying ss.718, 718.1, 718.2 and the totality principle, the court imposed concurrent and consecutive custodial terms resulting in a global federal sentence of five years, plus ancillary orders (10-year firearms prohibition and DNA order).

Court Disposition

Convictions confirmed; sentenced to a global total of five years federal imprisonment with ancillary orders.

Orders

  • Count 1 (rape): 3 years federal incarceration
  • Count 2 (indecent assault): 1 year federal incarceration, concurrent with Count 1