R. v. E.E.C.

R. v. E.E.C.

Given the accused's prior violent record, abuse of parental trust and authority, the severe impact on the child and family, and the need for individual and general deterrence and public protection, a conditional sentence was inappropriate and a custodial federal sentence at the lower end of the scale was warranted;...

Source-derived case information.

Citation
2005 NSSC 3
Parties
Crown: Her Majesty the Queen; Accused: E. E. C.
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
4 January 2005
Procedural Posture
Criminal Sexual Offence / Sentencing
Outcome
Accused sentenced to three years imprisonment and prohibited from possessing firearms or weapons for 20 years under s.109.
Legal Topics
Sexual Interference, Sexual Assault, Sentencing Principles, Conditional Sentence, Kienapple Principle, Abuse of Position of Trust, Victim Impact
Source Language
english
Criminal Law Sentencing Sexual Offences Child Protection Sexual Interference Sexual Assault Sentencing Principles Conditional Sentence +3 more

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Parties

Her Majesty the Queen

Crown

E. E. C.

Accused

Procedural Posture

Criminal Sexual Offence / Sentencing

Legal Issues

  1. 1 Appropriate sentence for conviction under s.151 Criminal Code
  2. 2 Application of the Kienapple principle to overlapping sexual offence counts
  3. 3 Whether a conditional sentence is appropriate

Ratio Decidendi

Given the accused's prior violent record, abuse of parental trust and authority, the severe impact on the child and family, and the need for individual and general deterrence and public protection, a conditional sentence was inappropriate and a custodial federal sentence at the lower end of the scale was warranted; the court imposed three years imprisonment and a 20-year firearms/weapons prohibition under s.109.

Court Disposition

Accused sentenced to three years imprisonment and prohibited from possessing firearms or weapons for 20 years under s.109.

Orders

  • Imprisonment for three years to be served in a federal institution
  • Prohibition on possessing firearms or other weapons under s.109 for 20 years