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
What the law allows
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
1With 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
The record
- Convicted of
- Sexual interference (CC 151)
- Sexual exploitation of a young person (CC 153)
- Making child sexual abuse material (CC 163.1(2))
- Sexual assault (CC 271)
- 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
- 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.
- R. v. S.J.M., 2021 NSSC 235 Court decision, Courts of Nova Scotia