R. v. T.M.K.

R. v. T.M.K.

Defendant convicted on guilty plea; despite deplorable conduct, offender's youth, lack of prior record, positive prognosis and limited risk to community justified custodial sanction served in the community. The court held the jointly suggested sentence was not a true joint recommendation and imposed a three month conditional sentence (with one month concurrent for the breach) to be served in the community, a ten year SOIRA order, a DNA order and two years probation because the sentence is within the acceptable range, protects the public, provides denunciation and deterrence while allowing rehabilitation.

Citation
2013 NSPC 134
Parties
Crown: The Queen; Defendant: T. M. K.
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
11 December 2013
Procedural Posture
Criminal / Sentencing
Outcome
Convicted on guilty plea and sentenced
Legal Topics
Sexual Assault, Conditional Sentence, Breach of Undertaking, DNA Order, SOIRA, Youthful Offender, Joint Plea Submissions
Source Language
English
Criminal Law Sexual Offences Sentencing Sexual Assault Conditional Sentence Breach of Undertaking DNA Order SOIRA +2 more

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Parties

The Queen

Crown

T. M. K.

Defendant

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 What is a fit and proper sentence for sexual assault of a person under 14?
  2. 2 Whether a conditional sentence is appropriate for this offender and offence
  3. 3 Whether the joint or recommended sentence is within an acceptable range

Ratio Decidendi

Defendant convicted on guilty plea; despite deplorable conduct, offender's youth, lack of prior record, positive prognosis and limited risk to community justified custodial sanction served in the community. The court held the jointly suggested sentence was not a true joint recommendation and imposed a three month conditional sentence (with one month concurrent for the breach) to be served in the community, a ten year SOIRA order, a DNA order and two years probation because the sentence is within the acceptable range, protects the public, provides denunciation and deterrence while allowing rehabilitation.

Court Disposition

Convicted on guilty plea and sentenced

Orders

  • DNA order in respect of the s.271 conviction
  • SOIRA order for 10 years