Sexual interference, Invitation to sexual touching
R. v. S.F.W.
A publication ban applies. The offender is not named.
Sentence and the Crown's position
What the law allows
The offender was convicted after trial of sexual interference and invitation to sexual touching of a child, committed repeatedly over three or four years and ending in 2013; a sexual assault count was stayed. The Crown sought six years' imprisonment and the defence four years and seven months. Justice Coughlan imposed six years in a federal institution on each count, concurrent, less 132 days of credit, citing the victim's age, the repeated and escalating abuse and the harm done.
In the judge's words
1The frequency and duration of sexual violence can significantly increase the harm to the victim. Sexual violence against children that is committed on multiple occasions for longer periods of time should attract significantly higher sentences.
The record
- Convicted of
- Sexual interference (CC 151)
- Invitation to sexual touching (CC 152)
- Prior convictions
- 0 prior convictions1
- At the time of the offence
- Not stated1
- Defence asked for
- 4 years and 7 months in custody1
- Appeal
- Not yet checked
- Counsel
- Crown: Katharine A. Lovett
Defence: Damian J. Penny
Sources
- R. v. S.F.W., 2021 NSSC 312 Court decision, CanLII, November 8, 2021
[33] The Crown is seeking a period of imprisonment of six years.
[35] S.F.W. fired his lawyer and retained Mr. Damian J. Penny to represent him on the sentencing. Mr. Penny filed a brief bringing the sentencing decision of R. v. Wood, 2021 NSSC 253, to the Court’s attention and submitted the sentence imposed in R. v. Wood of four years and seven months would be appropriate for S.F.W.
[17] He does not have a prior criminal record.
[39] … The frequency and duration of sexual violence can significantly increase the harm to the victim. Sexual violence against children that is committed on multiple occasions for longer periods of time should attract significantly higher sentences.
[43] I sentence you for Count 3, … to a sentence of incarceration for 6 years to be served in a federal institution. … to a sentence of incarceration for six years to be served concurrently to Count 3. … I determine S.F.W. is to be given credit for presentence custody at the rate of one and a half for one, which is 132 days.
- R. v. S.F.W., 2021 NSSC 312 Court decision, Courts of Nova Scotia