Sexual assault

R. v. L.P.

A publication ban applies. The offender is not named.

  • Below the Crown's ask
  • No jail for a violent offence

Sentence and the Crown's position

Crown asked18 months in custody1
Judge imposed18-month conditional sentence (9 months house arrest, 6 months curfew), then 12 months probation1
18 months less custody than the Crown asked

A conditional sentence is served in the community, usually under house arrest. It counts as no custody here.

What the law allows

Maximum10 years
Crown asked18 months in custody
Judge imposed18 months conditional sentence
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 15% of the maximum. Read the section.

The offender was convicted after trial of sexual assault of a sleeping young woman in Dartmouth; the Crown proceeded summarily. The Crown sought 18 months in custody followed by 30 months of probation, and the defence sought a conditional sentence. Judge Tax imposed an 18-month conditional sentence, including nine months of house arrest, followed by 12 months of probation, finding that a youthful first-time offender at low risk to reoffend could meet deterrence and denunciation through a strict sentence served in the community.

In the judge's words

In my opinion, taking into account the circumstances of the offence, the offender, the authorities cited with respect to the principle of parity, I am satisfied that the primary objectives of deterrence and denunciation can be met through a lengthy and very strict term of imprisonment to be served in the community and that such a sentence would not endanger the safety of the community.

1

The record

Convicted of
Prior convictions
0 prior convictions1
At the time of the offence
Not stated1
Appeal
Not yet checked
Counsel
Crown: Stephanie Morton
Defence: Drew Rogers

Sources

  1. R. v. L.P., 2022 NSPC 23 Court decision, CanLII, June 13, 2022[2] The Crown Attorney submits that the fit and appropriate sentence for this offence is a period of 18 months imprisonment in a provincial facility followed by 30 months on probation.There is no minimum sentence of imprisonment for this offence.He has no prior adult criminal record or any history of Youth Criminal Justice Act Dispositions.[74] In my opinion, taking into account the circumstances of the offence, the offender, the authorities cited with respect to the principle of parity, I am satisfied that the primary objectives of deterrence and denunciation can be met through a lengthy and very strict term of imprisonment to be served in the community and that such a sentence would not endanger the safety of the community.[76] In terms of the length of the conditional sentence of imprisonment to be served in the community, I hereby order Mr. L.P. to serve a conditional sentence of imprisonment in the community of 18 months,…[78] Following the completion of the conditional sentence order in the community, I hereby order Mr. L.P. to be subject to a period of probation for 12 months.
  2. R. v. L.P., 2022 NSPC 23 Court decision, Courts of Nova Scotia

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