R. v. R.R.D.G.

R. v. R.R.D.G.

Given the aggravating factors (longstanding grooming, abuse of position of trust, persistence, minimal mitigation and poor prospects for rehabilitation) a fit sentence is five years' custody for the principal sexual touching offence (s.153(a)) with the s.151 offence stayed as duplicative; a 12-month sentence on...

Source-derived case information.

Citation
2014 NSSC 223
Parties
Prosecutor: Her Majesty the Queen; Accused: R.R.D.G.
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
19 June 2014
Procedural Posture
Criminal / Sentencing
Outcome
Accused convicted and sentenced. Global custodial sentence: five years' imprisonment for sexual touching (s.153(a)) with s.151 stayed; 12 months on s.271(1)(a) concurrent to five-year sentence; two counts of indictable breach s.145(3) each six months custody concurrent to each other and consecutive to the five-year...
Legal Topics
Sexual Assault, Sexual Interference, Position of Trust, Pre Sentence Custody Credit, Ancillary Orders, Risk Assessment, Victim Impact
Source Language
english
Criminal Law Sentencing Sexual Offences Breach of Recognizance Sexual Assault Sexual Interference Position of Trust Pre Sentence Custody Credit +3 more

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 5 Authorities cited 14 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Her Majesty the Queen

Prosecutor

R.R.D.G.

Accused

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate custodial sentence for sexual offences against a child by a person in a position of trust
  2. 2 Application of totality principle for multiple convictions and consecutive/concurrent sentencing
  3. 3 Appropriate credit for pre-sentence custody under s.719 in light of R. v. Summers

Ratio Decidendi

Given the aggravating factors (longstanding grooming, abuse of position of trust, persistence, minimal mitigation and poor prospects for rehabilitation) a fit sentence is five years' custody for the principal sexual touching offence (s.153(a)) with the s.151 offence stayed as duplicative; a 12-month sentence on s.271(1)(a) to be served concurrently with the five-year term; two indictable breaches of s.145(3) each sentenced to six months custody concurrent to each other but ordered consecutive to the five-year sentence; pre-sentence custody of 107 days was credited at 1.5:1 (160.5 days) pursuant to R. v. Summers; ancillary orders granted: DNA, 10-year firearms prohibition, 10-year...

Court Disposition

Accused convicted and sentenced. Global custodial sentence: five years' imprisonment for sexual touching (s.153(a)) with s.151 stayed; 12 months on s.271(1)(a) concurrent to five-year sentence; two counts of indictable breach s.145(3) each six months custody concurrent to each other and consecutive to the five-year...

Orders

  • Custody: five years on s.153(a) (sexual touching)
  • Stay of sentence on s.151 as duplicative