Sexual interference, Sexual exploitation of a young person, Making child sexual abuse material, Sexual assault

R. v. S.J.M.

A publication ban applies. The offender is not named.

Sentence and the Crown's position

Crown asked9 years in custody1
Judge imposed9 years in prison (3 years s. 151, 3 years s. 153, 2 years s. 271, 1 year s. 163.1(2), consecutive), less 1,209 days credit1

What the law allows

Maximum14 years
Crown asked9 years in custody
Judge imposed9 years in custody
Defence asked3 years and 6 months in custody
Minimum1 year
For sexual interference (CC 151), the Criminal Code currently allows up to 14 years when the Crown proceeds by indictment, with a mandatory minimum of 1 year. The sentence imposed is 64% of the maximum. Read the section.

The offender pleaded guilty to sexual interference, sexual exploitation, sexual assault and making child pornography, for abuse of the same complainant over five years beginning when she was a child. The Crown sought nine years and the defence three and a half years. Justice Rosinski imposed a total of nine years after applying the totality principle, less 1,209 days of credit for remand custody and house arrest.

In the judge's words

With a last look to ensure that the aggregate sentence is not disproportionate, in relation to the overall culpability of Mr. M, I am satisfied that his total sentence on the 7 to 12 years range should be set as 9 years imprisonment

1

The record

Prior convictions
0 prior convictions1
At the time of the offence
Not stated1
Defence asked for
3 years and 6 months in custody1
Appeal
Not yet checked
Counsel
Crown: Alicia Kennedy, Jennifer Crewe
Defence: Kathryn Piché

Sources

  1. R. v. S.J.M., 2021 NSSC 235 Court decision, CanLII, July 30, 2021[31] The Crown seeks 9 years incarceration[31] The Crown seeks 9 years incarceration – Mr. M says his sentence should be 3 ½ years incarceration, which after pre-sentence credits will leave a sentence of “time already served”.[30] He has no prior criminal record.[121] With a last look to ensure that the aggregate sentence is not disproportionate, in relation to the overall culpability of Mr. M, I am satisfied that his total sentence on the 7 to 12 years range should be set as 9 years imprisonment[121] With a last look to ensure that the aggregate sentence is not disproportionate, in relation to the overall culpability of Mr. M, I am satisfied that his total sentence on the 7 to 12 years range should be set as 9 years imprisonment, allocated as follows: … [130] Therefore, a reduction of 6 months (or more precisely 180 days for his house arrest over 15.5 months) and 1029 days (pre-sentence remand credit), or 1209 days in total shall be deducted from his 9-year sentence of imprisonment.
  2. R. v. S.J.M., 2021 NSSC 235 Court decision, Courts of Nova Scotia

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