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
A conditional sentence is served in the community, usually under house arrest. It counts as no custody here.
What the law allows
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
1In 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.
The record
- Convicted of
- Sexual assault (CC 271)
- 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
- 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.
- R. v. L.P., 2022 NSPC 23 Court decision, Courts of Nova Scotia