R. v. B.E.M.

R. v. B.E.M.

Given the sexual interference of a person under 16 and the aggravating factor of abuse of a child, the objectives of denunciation and deterrence required a custodial sentence; the court imposed six months imprisonment plus 18 months probation with specific restrictive conditions and granted ancillary orders for DNA, firearms prohibition and 20 years SOIRA registration to protect the public and mark the gravity of the offence.

Citation
2014 NSSC 282
Parties
Crown: Her Majesty the Queen; Accused: B.E.M.
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
27 June 2014
Procedural Posture
Criminal Sexual Offences (sexual Interference) / Sentencing Decision (post‑conviction)
Outcome
Accused convicted of sexual interference (s.151); related sexual assault count stayed under the Kienapple principle; sentenced to custody and ancillary orders imposed.
Legal Topics
Sexual Interference, Sexual Assault, Sentencing Principles, Probation Conditions, DNA Order, Firearms Prohibition, SOIRA Registration, Publication Ban (s.486)
Source Language
English
Criminal Law Sentencing Sex Offences Child Protection Sexual Interference Sexual Assault Sentencing Principles Probation Conditions +4 more

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Parties

Her Majesty the Queen

Crown

B.E.M.

Accused

Procedural Posture

Criminal Sexual Offences (sexual Interference) / Sentencing Decision (post‑conviction)

Legal Issues

  1. 1 Appropriate sentence for sexual interference of a person under 16 years
  2. 2 Application of sentencing principles: denunciation, deterrence, proportionality and parity
  3. 3 Assessment of aggravating and mitigating factors including abuse of a child and remorse

Ratio Decidendi

Given the sexual interference of a person under 16 and the aggravating factor of abuse of a child, the objectives of denunciation and deterrence required a custodial sentence; the court imposed six months imprisonment plus 18 months probation with specific restrictive conditions and granted ancillary orders for DNA, firearms prohibition and 20 years SOIRA registration to protect the public and mark the gravity of the offence.

Court Disposition

Accused convicted of sexual interference (s.151); related sexual assault count stayed under the Kienapple principle; sentenced to custody and ancillary orders imposed.

Orders

  • Sentence of 6 months imprisonment (custody) for sexual interference contrary to s.151
  • Probation Order for 18 months following release with specific conditions (reporting, jurisdiction restriction, abstain from alcohol/intoxicants, no contact with victim, restrictions on presence where persons under 16 are present, restrictions on employment or volunteer roles involving persons under 16, supervised...