R v MacDonald

R v MacDonald

Applying Friesen and statutory sentencing principles, the court found the appropriate range for the s.151 offence involving EH to be 4–4.5 years and for KB to be 9–12 months, with a concurrent 3–6 month range for the s.733.1 breach; mandatory consecutive sentencing for different victims and for the breach produced an aggregate custodial sentence of 5 years 5 months (after a one-month remand credit), with ancillary orders (DNA, weapons prohibition, SOIRA, non-communication, publication ban) and waiver of victim surcharge due to undue hardship.

Citation
2023 NSPC 53
Parties
Crown: His Majesty the King; Accused: Justin Stanley MacDonald
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
19 December 2023
Procedural Posture
Criminal / Sentencing
Outcome
Accused convicted and sentenced to federal imprisonment with ancillary orders; remand credit applied and victim surcharge waived.
Legal Topics
Sexual Interference (s.151), Sexual Assault (s.271), Breach of Probation (s.733.1), Friesen Principles, Consecutive Sentencing, DNA Collection, SOIRA, Publication Ban
Source Language
English
Criminal Law Sentencing Sexual Offences Probation Breach Ancillary Orders Sexual Interference (s.151) Sexual Assault (s.271) Breach of Probation (s.733.1) +5 more

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Parties

His Majesty the King

Crown

Justin Stanley MacDonald

Accused

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for s.151 offences involving minors
  2. 2 Whether sentences should be consecutive and totality considerations
  3. 3 Application of R v Friesen to assess gravity and moral blameworthiness

Ratio Decidendi

Applying Friesen and statutory sentencing principles, the court found the appropriate range for the s.151 offence involving EH to be 4–4.5 years and for KB to be 9–12 months, with a concurrent 3–6 month range for the s.733.1 breach; mandatory consecutive sentencing for different victims and for the breach produced an aggregate custodial sentence of 5 years 5 months (after a one-month remand credit), with ancillary orders (DNA, weapons prohibition, SOIRA, non-communication, publication ban) and waiver of victim surcharge due to undue hardship.

Court Disposition

Accused convicted and sentenced to federal imprisonment with ancillary orders; remand credit applied and victim surcharge waived.

Orders

  • Touching EH for a sexual purpose (s.151, case 8450076): 4 years imprisonment in a federal penitentiary.
  • Touching KB for a sexual purpose (s.151, case 8455935): 1 year imprisonment in a federal penitentiary, to be served consecutively to case 8450076.