R. v. A.P.S.B.

R. v. A.P.S.B.

The court accepted the joint recommendation as reasonable in light of the guilty plea, the offender’s lack of prior record, the absence of force or breach of trust, the offender’s intellectual limitations, and relevant authorities, and imposed 12 months custody less 3 days pre-sentence credit, 24 months probation with specified conditions and ancillary orders (20-year SOIRA registration, DNA order, forfeiture of exhibits, and s.161 prohibitions).

Citation
2016 NSSC 29
Parties
Crown/prosecution: Her Majesty the Queen; Accused: A.P.S.B.
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
15 January 2016
Procedural Posture
Criminal / Sentencing
Outcome
Guilty plea entered to sexual interference; sentence imposed: one year imprisonment (less 3 days pre-sentence custody credit), followed by 24 months probation; ancillary orders as set out.
Legal Topics
Sexual Interference, Sexual Assault, Child Sexual Exploitation, Internet Communication With a Minor, Sentencing, Sex Offender Registration
Source Language
English
Criminal Law Sex Offences Sexual Interference Sexual Assault Child Sexual Exploitation Internet Communication With a Minor Sentencing Sex Offender Registration

Case Brief

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Parties

Her Majesty the Queen

Crown/prosecution

A.P.S.B.

Accused

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Whether the joint recommendation is appropriate and should be accepted by the court
  2. 2 Appropriate sentence for sexual interference with a 14-year-old where accused travelled to meet victim after learning her age
  3. 3 Application of aggravating and mitigating factors including intellectual limitations of the offender

Ratio Decidendi

The court accepted the joint recommendation as reasonable in light of the guilty plea, the offender’s lack of prior record, the absence of force or breach of trust, the offender’s intellectual limitations, and relevant authorities, and imposed 12 months custody less 3 days pre-sentence credit, 24 months probation with specified conditions and ancillary orders (20-year SOIRA registration, DNA order, forfeiture of exhibits, and s.161 prohibitions).

Court Disposition

Guilty plea entered to sexual interference; sentence imposed: one year imprisonment (less 3 days pre-sentence custody credit), followed by 24 months probation; ancillary orders as set out.

Orders

  • One year period of imprisonment less three days pre-sentence custody credit
  • Twenty-four month probation order with conditions: keep the peace and be of good behaviour; appear when required; report to probation officer within two days of release and as directed; notify probation officer of any change of name or address; no contact or communication in any way with M.B.M. or any member of her...