Canada Case Law

R. v. Guthro

Court

Supreme Court of Nova Scotia

Judge applied Friesen and statutory sentencing principles, found extreme moral blameworthiness due to prolonged incestuous sexual abuse of three children, ordered sentences concurrent per victim but consecutive between victims, rejected a conditional sentence as inappropriate given breach of trust and need for denunciation/deterrence, applied totality and offender's age/health to reduce an otherwise higher aggregate and imposed a global custodial sentence of 10 years with ancillary orders.

Source excerpt

• Sentencing principles
• Aggravating and mitigating factors
• Conditional sentence
• Publication ban removal
• Ancillary orders

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R. v. C.R.J.

Court

British Columbia Court of Appeal

The British Columbia Court of Appeal dismissed an appeal from a sexual interference conviction, holding the jury charge properly addressed delayed disclosure and motive to fabricate.

• Jury instructions
• Delayed disclosure
• Motive to fabricate
• Credibility and reliability
• Barton/d.d. warnings
• Jury-instructions

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R. v. J.A.

Court

Court of Appeal for Ontario

The appeal was dismissed because the trial judge’s credibility findings were supported by the record, including reasonable inferences that the appellant’s purported film project was a manipulative ruse; the appellant failed to show any legal error warranting appellate interference and the court deferred to the trial judge pursuant to Kruk.

Source excerpt

• Sexual assault
• Sexual interference
• Credibility assessment
• Appeal deference
• Publication ban

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R. v. Dias

Court

Supreme Court of British Columbia

Sentencing decision for sexual interference against an 8-year-old child. The court imposed two years’ custody, rejecting a conditional sentence despite the offender’s age and health.

• Sexual interference
• Abuse of position of trust
• Sentencing principles (denunciation, deterrence, rehabilitation)
• Conditional sentence order
• Victim impact statement admissibility
• Ancillary orders

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R. v. D.M.

Court

Court of Appeal for Ontario

The appeal is dismissed because the sentencing judge did not err in principle: she properly identified and weighed aggravating and mitigating factors, her finding of limited insight was supported by the forensic report, and the proffered fresh evidence did not undermine the fitness of the five-year custodial sentence.

Source excerpt

• Remorse in sentencing
• Forensic psychiatric evidence
• Fresh evidence on appeal
• Fitness of sentence
• Publication ban

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R. v. C.K.

Court

British Columbia Court of Appeal

Crown appeal from sentence in a child sexual interference case. The Court held the conditional sentence was demonstrably unfit and increased the sentence to 42 months' imprisonment.

• Conditional sentence
• Proportionality
• Denunciation
• Deterrence
• Moral blameworthiness
• Friesen framework

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R. v. D.K.M.

Court

Supreme Court of British Columbia

Trial judgment on multiple sexual offence charges against a grandfather. The court convicted on five counts and acquitted on one count.

• Sexual interference (s.151)
• Invitation to sexual touching (s.152)
• Bestiality (s.160(3))
• Indecent acts (s.173)
• Mens rea and recklessness
• W.(d.) credibility framework

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R. v. J.A.H.

Court

Supreme Court of British Columbia

The court found J.A.H. guilty of two counts of sexual interference, accepting the complainants’ evidence and witness corroboration over the accused’s denials.

• Sexual interference
• Section 151 criminal code
• Witness credibility
• W.(d.) framework
• Similar fact/propensity caution
• Sexual-interference

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R. v. T.A.P.

Court

Supreme Court of British Columbia

The court held that four complainants’ video-recorded statements were admissible under s. 715.1 of the Criminal Code, with limited redactions to two statements.

• Admissibility of video‑recorded statements
• S.715.1 criminal code
• Reasonable time for statement
• Proper administration of justice discretion
• Redactions and narrative evidence
• Video-recorded-statements

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R. v. S.F.W.

Court

Supreme Court of Nova Scotia

Given the aggravating factors (victim aged 7–10, breach of trust as a parental figure, repeated and escalating abuse over several years, significant harm to the victim) and limited mitigation (no prior record, forensic assessment indicating lower than average recidivism risk but residual uncertainty), the appropriate sentence was six years incarceration on s.151 and s.152 offences (to be served concurrently), with one sexual assault count stayed under Kienapple; 1.5-for-1 pre-sentence custody credit of 132 days applied, producing an effective sentence of 5 years and 233 days; the Court grante…

Source excerpt

• Sexual assault
• Sexual interference with a child
• Counselling sexual activity with a minor
• Sentencing principles
• Dna order
• Sex offender registration

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