Sexual interference, Sexual exploitation of a young person
R. v. A.P.L.
A publication ban applies. The offender is not named.
- Below the Crown's ask
Sentence and the Crown's position
Crown asked7 years in custody1
Judge imposed6 years on sexual interference, 6 months concurrent on sexual exploitation1
1 year less custody than the Crown asked
What the law allows
Maximum14 years
Crown asked7 years in custody
Judge imposed6 years in custody
Defence asked3 years and 6 months in custody
Minimum1 year
The offender was convicted after trial of sexual interference with a person under 16 and sexual exploitation of a young person, for abuse that began when the complainant was 12 and continued for years. The Crown sought seven years; the defence sought three and a half years. Justice McDougall imposed six years on the sexual interference count with six months concurrent, stressing the need for denunciation and deterrence.
In the judge's words
1Yet, he took full advantage of the situation to satisfy his own perverse sexual needs. For that he will be held accountable.
The record
- Convicted of
- Sexual interference (CC 151)
- Sexual exploitation of a young person (CC 153)
- Prior convictions
- Not recorded
- At the time of the offence
- Not stated1
- Defence asked for
- 3 years and 6 months in custody1
- Appeal
- Not yet checked
- Counsel
- Crown: Lisandra Hernandez (for Eric Taylor)
Defence: Kathryn Piché
Sources
- R. v. A.P.L., 2021 NSSC 238 Court decision, CanLII, July 27, 2021
[35] Crown counsel – Mr. Taylor – in pointing out the mitigating and aggravating factors he identified as being germane to the case, asked for a sentence of seven years imprisonment.
[42] Taking all of this into consideration, Defence counsel submitted that a fit sentence of 3½ years is within the range and consistent with sentences imposed in similar circumstance in Nova Scotia in both pre and post Friesen decisions.
[21] … Yet, he took full advantage of the situation to satisfy his own perverse sexual needs. For that he will be held accountable.
[78] APL – after having been previously found guilty of sexual interference (Count #2) of a person under the age of 16 years, contrary to Section 151 of the Criminal Code, the Court now sentences you to six (6) years incarceration. [79] And for the offence of sexual interference of a young person who was in a relationship of dependency with you and which conduct was exploitative of her (Count #3), contrary to Section 153(1)(a) of the Criminal Code, the Court sentences you to six months incarceration which will be served concurrent with the sentence for Count #2.
- R. v. A.P.L., 2021 NSSC 238 Court decision, Courts of Nova Scotia