Sexual assault
R. v. C.D.C.
A publication ban applies. The offender is not named.
- Below the Crown's ask
Sentence and the Crown's position
Crown asked3 years in custody1
Judge imposed22 months in custody (no credit for 6 days on remand)1
435 days less custody than the Crown asked
What the law allows
Maximum10 years
Crown asked3 years in custody
Judge imposed22 months in custody
Defence asked12 months in custody
The offender was found guilty after trial of sexually assaulting a child whose family trusted him. The Crown sought three years' imprisonment and the defence 12 to 18 months. Justice Murray set a range of 18 to 30 months and imposed 22 months in custody, citing abuse of trust and the primacy of denunciation and deterrence for offences against children.
In the judge's words
1On the facts before me, Mr. C. took advantage of his relationship with the victim’s family who trusted him in the company of the victim who is now still only 16 years of age.
The record
- Convicted of
- Sexual assault (CC 271)
- Prior convictions
- Not recorded
- At the time of the offence
- Not stated1
- Defence asked for
- 12 months in custody1
- Appeal
- Not yet checked
- Counsel
- Crown: Christa MacKinnon
Defence: David Iannetti
Sources
- R. v. C.D.C., 2021 NSSC 287 Court decision, CanLII, April 13, 2021
[3] The Crown is seeking a period of incarceration of 3 years, as well as ancillary orders pursuant to s. 109, a firearms prohibition, a DNA Order, a 20 year SOIRA Order, and a section 161 Prohibition Order.
[4] The Defence submits the appropriate range of sentence is between 12 and 18 months in custody.
[28] On the facts before me, Mr. C. took advantage of his relationship with the victim’s family who trusted him in the company of the victim who is now still only 16 years of age.
[31] In the result, I find a fit and proper sentence for Mr. C. is 22 months in custody without credit for the 6 days served on remand.
- R. v. C.D.C., 2021 NSSC 287 Court decision, Courts of Nova Scotia