Sexual interference, Making child sexual abuse material, Possession of a firearm knowing its possession is unauthorized

R. v. C.P.W.

A publication ban applies. The offender is not named.

  • Below the Crown's ask

Sentence and the Crown's position

Crown asked5 years in custody1
Judge imposed4 years and 7 months (1,673 days) consecutive: 1,278 days sexual interference, 365 days making child pornography, 30 days firearm; less 21 days credit1
152 days less custody than the Crown asked

What the law allows

Maximum14 years
Crown asked5 years in custody
Judge imposed1673 days in custody
Defence asked2 years in custody
Minimum1 year struck down
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 that courts have struck down as unconstitutional. The sentence imposed is 33% of the maximum. Read the section.

The offender pleaded guilty to sexual interference with a 15-year-old, making child pornography and possessing a firearm without a licence. The Crown sought a total of five years and the defence two years. Justice Muise imposed consecutive sentences totalling four years and seven months, less 21 days of credit for pre-sentence custody, applying the Supreme Court of Canada’s guidance in Friesen.

In the judge's words

Considering the directions in Friesen; the objectives, principles and factors that I have noted; the comparison cases; and the circumstances of the case at hand, I find that a fit and proper length of sentence is: for the sexual interference, three years and six months’ imprisonment; for the offence of making child pornography, one year imprisonment; and, for the firearm offence one month imprisonment.

1

The record

Prior convictions
Not recorded
At the time of the offence
Not stated1
Defence asked for
2 years in custody1
Mandatory minimum
Found unconstitutional or not applied under a binding ruling1
Appeal
Not yet checked
Counsel
Crown: Josie McKinney
Defence: Philip J. Star, Q.C.

Sources

  1. R. v. C.P.W., 2021 NSSC 253 Court decision, CanLII, August 19, 2021[8] The Crown recommends the following sentence: - a total of 5 years’ imprisonment;[10] The Defence recommends 2 years’ imprisonment in a federal institution, followed by a lengthy period of probation.[5] The Crown proceeded indictably on the sexual interference charge. Therefore, it carries a maximum penalty of 14 years’ imprisonment. The 1 year minimum penalty has been declared unconstitutional by our Court of Appeal in R. v. Hood, 2018 NSCA 18.[80] Considering the directions in Friesen; the objectives, principles and factors that I have noted; the comparison cases; and the circumstances of the case at hand, I find that a fit and proper length of sentence is: for the sexual interference, three years and six months’ imprisonment; for the offence of making child pornography, one year imprisonment; and, for the firearm offence one month imprisonment.[88] It amounts to a total of 1,673 days, broken down as follows: 1,278 days for the sexual interference; 365 days for the production of child pornography; and, 30 days for the firearm possession offence. [89] It is agreed that … spent at total of 14 days in pre-sentence custody; and, that he should receive credit for that at a rate of 1.5 to 1, for a total credit of 21 days.
  2. R. v. C.P.W., 2021 NSSC 253 Court decision, Courts of Nova Scotia

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