Sexual assault

R. v. K.J.P.

A publication ban applies. The offender is not named.

Sentence and the Crown's position

Crown asked2 years in custody1
Judge imposed2 years in a federal penitentiary, then 2 years probation1

What the law allows

Maximum10 years
Crown asked2 years in custody
Judge imposed2 years in custody
Defence asked2 years in custody
For sexual assault (CC 271), the Criminal Code currently allows up to 10 years when the Crown proceeds by indictment, with no mandatory minimum. The sentence imposed is 20% of the maximum. Read the section.

The offender was convicted after trial of sexual assault for forced, unprotected intercourse with a 19-year-old acquaintance in August 2018, when he was also 19. The Crown recommended two years in custody followed by three years of probation; the defence asked for two years in custody followed by 18 to 24 months of probation. Justice Arnold imposed two years in a federal penitentiary followed by two years of probation, noting that he had no prior record but that forced intercourse calls for a jail sentence.

In the judge's words

Forced, unprotected, vaginal intercourse certainly calls out for a jail sentence. Crown and defence both agree, and I conclude, that the proper sentence is two years in prison, followed by probation, for either two or three years.

1

The record

Convicted of
Prior convictions
0 prior convictions1
At the time of the offence
Not stated1
Defence asked for
2 years in custody1
Appeal
Not yet checked
Counsel
Crown: Alicia Kennedy and Yan Lu
Defence: Matthew Ryder

Sources

  1. R. v. K.J.P., 2021 NSSC 316 Court decision, CanLII, November 15, 2021[3] The Crown recommends a prison sentence of two years in custody, followed by three years’ probation and ancillary orders.asks for two years in custody, followed by 18 to 24 months’ probation and ancillary orders.[2] … has no prior record and was otherwise a pro-social member of society.[21] … Forced, unprotected, vaginal intercourse certainly calls out for a jail sentence. Crown and defence both agree, and I conclude, that the proper sentence is two years in prison, followed by probation, for either two or three years.[22] … will be sentenced to two years in a federal penitentiary. … He will therefore be placed on probation for two years.
  2. Criminal Code, s. 271 Record, Justice Laws Website
  3. R. v. K.J.P., 2021 NSSC 316 Court decision, Courts of Nova Scotia

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