Canada Case Law

R. v. R.S.

Court

Court of Appeal for Ontario

The Court held the Crown's closing was responsive to the defence and did not render the trial unfair given the absence of objection and the trial judge's propensity instruction; the evidence, including the complainant's testimony and cross-examination, permitted an inference of penetration sufficient to support the incest conviction; and the 11-year global sentence was fit in light of the victim's age, multiple and invasive incidents, breach of trust, and the appellant's prior sexual conviction, so both the conviction and sentence appeals were dismissed.

Source excerpt

• Incest
• Sexual assault
• Propensity reasoning
• Abuse of trust
• Jury instructions
• Circumstantial evidence

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R. v. L.B.

Court

Court of Appeal for Ontario

The Court upheld the consecutive sentence because sexual exploitation targeted a different societal interest and related largely to a later period, and affirmed the global 10-year sentence as fit and proportionate given the unusually severe, prolonged breach of trust, significant impact on victims, absence of mitigation, prior relevant convictions and the sentencing judge's correct application of Friesen and sentencing principles, with appellate deference owed to the sentencing judge.

Source excerpt

• Sexual offences
• Sexual interference
• Sexual exploitation
• Assault
• Consecutive sentences
• Sentencing principles

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R. v. R.B.B.

Court

Nova Scotia Court of Appeal

The trial judge properly applied sentencing principles, considered aggravating and mitigating factors, and lawfully concluded a lengthy, restrictive Conditional Sentence Order (2 years less a day with extensive conditions) was proportionate and appropriate; there was no error in principle nor was the sentence demonstrably unfit, so the Crown's appeal fails.

Source excerpt

• Child luring
• Conditional sentence order
• Denunciation and deterrence
• Conditional sentences eligibility
• Abuse of trust
• Appellate standard of review

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R v Shaw

Court

Supreme Court of Nova Scotia

Applying the statutory sentencing framework and R v Friesen guidance, the court found significant aggravating factors (very young victims, abuse of trust in a daycare, grooming with candy, multiple victims, forensic assessment indicating elevated risk to reoffend) and limited mitigation (no remorse, denial, limited weight to lack of record). The Court stayed redundant sexual assault convictions under the Kienapple principle and imposed consecutive custodial sentences of 4.5 years for sexual interference against RS, 2.5 years consecutive for sexual interference against JB, and 3 months consecu…

Source excerpt

• Sexual interference
• Sexual assault
• Assault
• Abuse of trust
• Sentencing principles
• Ancillary orders

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R. v. Loewen

Court

Supreme Court of British Columbia

Sentencing reasons for a massage therapist convicted on guilty plea of six counts of sexual assault involving 12 women. The court imposed 24 months’ custody and 36 months’ probation.

• Sexual assault
• Abuse of trust
• Conditional sentence
• Probation
• Ancillary orders
• Victim impact

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R. v. J.D. (C.)

Court

Supreme Court of Nova Scotia

Applying Friesen and statutory sentencing principles, the Court found the offending involved prolonged sexual abuse of a child by a step-parent in a position of trust with significant victim impact and multiple aggravating factors; mitigation (no prior sexual record, supports) did not warrant a minimal sentence, and a custodial term of six and one-half years with specified ancillary orders was proportionate and fit; Kienapple applied to stay the s.151 count.

Source excerpt

• Sexual assault
• Sexual interference
• Abuse of trust
• Victim impact
• Kienapple principle
• Soira

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R. v. Deveau

Court

Supreme Court of Nova Scotia

The court held the prerequisites for a conditional sentence were not met because the offender posed an elevated risk of reoffending (breach of trust, two vulnerable victims, second offence while on an undertaking, limited remorse, refusal of risk assessment) and the gravity of potential harm was high; accordingly a custodial sentence was required. The court imposed consecutive sentences of 1 year and 2 years (total 3 years), applied the totality principle, and ordered mandatory ancillary orders: DNA, a 20-year SOIRA, a 10-year firearms prohibition, a s.743.21 non‑communication order, and a $4…

Source excerpt

• Sexual assault
• Conditional sentence availability
• Abuse of trust
• Victim impact
• Ancillary orders (dna, soira, firearms)
• Risk of recidivism

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R. v. P.R.J

Court

British Columbia Court of Appeal

Crown appeal from sentence in a child sexual interference case. The Court of Appeal found the conditional sentence unfit and substituted three years' imprisonment.

• Sexual interference
• Conditional sentence
• Denunciation and deterrence
• Abuse of trust
• Moral blameworthiness
• Soira

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R. v. Gaglardi

Court

Supreme Court of British Columbia

Sentencing after trial for 11 historic sexual offences: the court imposed consecutive jail terms, then reduced the 155-month total to 78 months under totality.

• Sexual assault
• Indecent assault
• Sexual exploitation
• Abuse of trust
• Sentencing principles
• Friesen guidance

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R. v. Gaglardi

Court

Supreme Court of British Columbia

Judge-alone trial on historical sexual-offence allegations against Raymond Howard Gaglardi, with convictions on multiple counts after credibility and similar fact evidence analysis.

• Sexual assault
• Indecent assault
• Sexual exploitation
• Consent
• Vitiation by fraud
• Abuse of trust

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