Sexual interference
R. v. B.M.M.
A publication ban applies. The offender is not named.
- Below the Crown's ask
Sentence and the Crown's position
What the law allows
The offender pleaded guilty to one count of sexual interference with a 12-year-old in Pictou County in 2019, when he was 20. The Crown sought a sentence in the range of 2.5 to 3 years in a penitentiary; the defence sought a non-custodial sentence. Judge Atwood imposed two years in a federal penitentiary followed by three years of probation, citing the offender's young age and guilty plea and placing the sentence at the lower end of a two-to-three-year range.
In the judge's words
1In my view, a fit sentence would ordinarily be a two-year term of penitentiary custody, followed by a three-year term of probation. A two-year term is substantially lesser than the sentences in Wood and Storey, which is proper given that the frequency of abuse and degree of physical interference in this case is lesser than in those cases.
The record
- Convicted of
- Sexual interference (CC 151)
- Prior convictions
- Not recorded
- At the time of the offence
- Not stated1
- Mandatory minimum
- Found unconstitutional or not applied under a binding ruling1
- Appeal
- Not yet checked
- Counsel
- Crown: Patrick Young
Defence: Jonathan T Hughes
Sources
- R. v. B.M.M., 2022 NSPC 38 Court decision, CanLII, November 9, 2022
[3] The prosecution seeks a sentence in the range of 2.5-3 years in a penitentiary;
[6] The one-year mandatory-minimum penalty was found unconstitutional in R v Hood, 2018 NSCA 18, aff’g 2016 NSPC 78.
[36] In my view, a fit sentence would ordinarily be a two-year term of penitentiary custody, followed by a three-year term of probation. A two-year term is substantially lesser than the sentences in Wood and Storey, which is proper given that the frequency of abuse and degree of physical interference in this case is lesser than in those cases.
[43] Accordingly, the following is the final sentence for case 8375168: … • A term of two-years’ imprisonment in a federal penitentiary; … • A three-year term of probation with conditions set out in a checklist which I have provided to the clerk of the court and reviewed with counsel;
- R. v. B.M.M., 2022 NSPC 38 Court decision, Courts of Nova Scotia