R. v. SJM

R. v. SJM

Accused sentenced to a global term of 9 years imprisonment (allocated 3 years s.151, 3 years s.153 consecutive, 2 years s.271 consecutive, 1 year s.163.1(2) consecutive) with denial of enhanced remand credit beyond 1.5:1 because lockdown evidence was insufficient; pre‑sentence credit of 1,209 days (1,029 remand at 1.5:1 plus 180 days for house arrest) applied; ancillary orders (firearms prohibition, DNA, lifetime SOIRA, child‑contact prohibition, communication prohibition during custody) and forfeiture of devices and child pornography ordered; victim surcharge waived on hardship grounds.

Citation
2021 NSSC 235
Parties
Crown: Her Majesty The Queen; Accused: SJM
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
30 July 2021
Procedural Posture
Criminal / Sentencing
Outcome
Accused SJM sentenced to nine years imprisonment; pre‑sentence credit of 1,209 days applied; ancillary orders imposed; forfeiture ordered; victim surcharge waived.
Legal Topics
Sentence Quantification, Pre‑sentence Custody Credit, Ancillary Orders, Forfeiture, Application of Friesen
Source Language
English
Criminal Law Sex Offences Child Pornography Sentencing Sentence Quantification Pre‑sentence Custody Credit Ancillary Orders Forfeiture +1 more

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 11 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Her Majesty The Queen

Crown

SJM

Accused

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 What is a fit sentence for repeated sexual offences and production of child pornography against a stepdaughter?
  2. 2 Whether enhanced pre‑sentence remand credit is appropriate for lockdown conditions
  3. 3 Appropriate ancillary orders including SOIRA and forfeiture

Ratio Decidendi

Accused sentenced to a global term of 9 years imprisonment (allocated 3 years s.151, 3 years s.153 consecutive, 2 years s.271 consecutive, 1 year s.163.1(2) consecutive) with denial of enhanced remand credit beyond 1.5:1 because lockdown evidence was insufficient; pre‑sentence credit of 1,209 days (1,029 remand at 1.5:1 plus 180 days for house arrest) applied; ancillary orders (firearms prohibition, DNA, lifetime SOIRA, child‑contact prohibition, communication prohibition during custody) and forfeiture of devices and child pornography ordered; victim surcharge waived on hardship grounds.

Court Disposition

Accused SJM sentenced to nine years imprisonment; pre‑sentence credit of 1,209 days applied; ancillary orders imposed; forfeiture ordered; victim surcharge waived.

Orders

  • Global custodial sentence of 9 years imprisonment allocated as: s.151 — 3 years, s.153 — 3 years consecutive, s.271 — 2 years consecutive, s.163.1(2) — 1 year consecutive
  • Apply pre‑sentence credit of 1,029 days for remand (1.5:1) and 180 days for house arrest for total credit of 1,209 days against sentence