Sexual assault
R. v. M.A.P.
A publication ban applies. The offender is not named.
Sentence and the Crown's position
Crown asked5 years in custody1
Judge imposedFive years' imprisonment, consecutive to the sentence already being served1
What the law allows
Maximum10 years
Crown asked5 years in custody
Judge imposed5 years in custody
Defence asked5 years in custody
The offender pleaded guilty on the second day of trial to sexual assault committed in Halifax in 2013, in which he pinned the complainant down, struck and bit her. Crown and defence jointly recommended five years' imprisonment consecutive to the sentence he was already serving for another sexual offence. Justice Brothers accepted the joint recommendation and imposed five years consecutive, finding denunciation, deterrence and separation from society paramount.
In the judge's words
1Given the nature of the offence before the court, the purposes of denunciation, deterrence (both general and specific), and the separation of the offender from society should be considered paramount.
The record
- Convicted of
- Sexual assault (CC 271)
- Prior convictions
- 0 prior convictions1
- At the time of the offence
- Not stated1
- Defence asked for
- 5 years in custody1
- Appeal
- Not yet checked
- Counsel
- Crown: Eric R. Woodburn and Carla Ball
Defence: Michelle James
Sources
- R. v. M.A.P., 2021 NSSC 353 Court decision, CanLII, December 21, 2021
[3] The Crown and Defence are jointly presenting a recommendation for a sentence of imprisonment of five years in a federal penitentiary consecutive to the time … is currently serving in relation to another sexual offence.
[3] The Crown and Defence are jointly presenting a recommendation for a sentence of imprisonment of five years in a federal penitentiary consecutive to the time … is currently serving in relation to another sexual offence.
[35] The mitigating factors to be considered include the following: … The accused had no criminal record prior to this offence.
[48] Given the nature of the offence before the court, the purposes of denunciation, deterrence (both general and specific), and the separation of the offender from society should be considered paramount.
[76] I sentence … to a period of incarceration of five (5) years consecutive to the time he is serving on another sexual offence.
- R. v. M.A.P., 2021 NSSC 353 Court decision, Courts of Nova Scotia