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
What the law allows
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
1Considering 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.
The record
- Convicted of
- Sexual interference (CC 151)
- Making child sexual abuse material (CC 163.1(2))
- Possession of a firearm knowing its possession is unauthorized (CC 92(1))
- 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
- 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.
- R. v. C.P.W., 2021 NSSC 253 Court decision, Courts of Nova Scotia