Sexual assault
R. v. K.J.P.
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 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
1Forced, 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.
The record
- Convicted of
- Sexual assault (CC 271)
- 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
- 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.
- Criminal Code, s. 271 Record, Justice Laws Website
- R. v. K.J.P., 2021 NSSC 316 Court decision, Courts of Nova Scotia