Sexual assault
R. v. H.E.
A publication ban applies. The offender is not named.
- Below the Crown's ask
- No jail for a violent offence
Sentence and the Crown's position
What the law allows
The offender was convicted after trial of sexual assault for non-consensual touching of the complainant in a shared taxi in April 2017. The Crown sought a suspended sentence with 24 months' probation; the defence sought a conditional discharge with six months' probation. Justice McDougall imposed a conditional discharge with 12 months' probation, placing the offence at the lower end of the scale and citing the offender's lack of a criminal record, his remorse, and the risk that a conviction could lead to his deportation.
In the judge's words
1I believe this results in a fair and just sentence that is proportional and upholds the objectives and principles of sentencing including deterrence (both specific and general) and denunciation.
The record
- Convicted of
- Sexual assault (CC 271)
- Prior convictions
- 0 prior convictions1
- At the time of the offence
- Not stated1
- Defence asked for
- Discharge1
- Appeal
- Not yet checked
- Counsel
- Crown: Sarah Kirby
Defence: Eugene Tan and Madeline Smillie-Sharp
Sources
- R. v. H.E., 2021 NSSC 236 Court decision, CanLII, July 8, 2021
[9] The Crown argues for a suspended sentence with 24 months probation.
[11] The Defence submits that a just and appropriate sentence should be a conditional discharge along with a Probation Order for 6 months with the following conditions:
[18] … There is no minimum sentence for sexual assault leaving it to the Court to consider the full panoply of sentencing options provided for in the Criminal Code including a suspended sentence with probation as recommended by the Crown and a conditional discharge with an order of probation as suggested by the Defence.
[60] It should also be noted that … does not have a criminal record.
[76] … I believe this results in a fair and just sentence that is proportional and upholds the objectives and principles of sentencing including deterrence (both specific and general) and denunciation.
[76] … I feel a conditional discharge with 12 months probation including the conditions recommended by Crown Counsel in her original brief filed with the Court on June 7, 2021 (at page 6) (with one minor variation), is the appropriate disposition.
- R. v. H.E., 2021 NSSC 236 Court decision, Courts of Nova Scotia