R. v. C.B.

R. v. C.B.

Applying Friesen and statutory sentencing principles the court imposed a global custodial sentence of six years: counts of sexual interference and invitation to touch sentenced to five years custody concurrent with each other, the sexual assault count stayed under Kienapple, luring sentenced to one year consecutive, and mandatory ancillary orders imposed (20 year SOIRA, primary DNA order, 10 year firearms prohibition), discretionary custody communication ban, and a tailored 10 year s.161(1) prohibition commencing on release with specified distance, employment, contact and internet restrictions.

Citation
2023 NSPC 29
Parties
Crown: His Majesty the King; Accused: C.B.
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
28 April 2023
Procedural Posture
Criminal (sexual Offences) / Sentencing Decision
Outcome
Guilty verdicts previously entered; global sentence imposed: six years custody with specified concurrent and consecutive allocations; ancillary and prohibition orders imposed; one count stayed.
Legal Topics
Sexual Interference, Invitation to Touch, Luring, Sexual Assault (stayed), Prohibition Orders S.161, SOIRA, DNA Order, Firearms Prohibition, Totality, Grooming
Source Language
English
Criminal Law Sexual Offences Sentencing Child Protection Internet/grooming Sexual Interference Invitation to Touch Luring +7 more

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Parties

His Majesty the King

Crown

C.B.

Accused

Procedural Posture

Criminal (sexual Offences) / Sentencing Decision

Legal Issues

  1. 1 Appropriate custodial sentence length for multiple sexual offences against a minor
  2. 2 Whether sentences for luring and in-person offences should be consecutive or concurrent
  3. 3 Whether to reduce cumulative sentence for totality

Ratio Decidendi

Applying Friesen and statutory sentencing principles the court imposed a global custodial sentence of six years: counts of sexual interference and invitation to touch sentenced to five years custody concurrent with each other, the sexual assault count stayed under Kienapple, luring sentenced to one year consecutive, and mandatory ancillary orders imposed (20 year SOIRA, primary DNA order, 10 year firearms prohibition), discretionary custody communication ban, and a tailored 10 year s.161(1) prohibition commencing on release with specified distance, employment, contact and internet restrictions.

Court Disposition

Guilty verdicts previously entered; global sentence imposed: six years custody with specified concurrent and consecutive allocations; ancillary and prohibition orders imposed; one count stayed.

Orders

  • Count 1 (s.151 sexual interference): 5 years custody
  • Count 2 (s.152 invitation to touch): 5 years custody, concurrent with Count 1