Sexual assault of a person under 16
R. v. C.S.Y.
A publication ban applies. The offender is not named.
Sentence and the Crown's position
Crown asked5 years in custody1
Judge imposed5 years custody less 539 days remand credit (1,286 days remaining); s. 109, DNA, SOIRA, s. 161 order 10 years1
What the law allows
Maximum14 years
Crown asked5 years in custody
Judge imposed5 years in custody
Defence asked5 years in custody
Minimum1 year
The offender pleaded guilty to one count of sexual assault of a young child, covering three incidents between 2018 and 2019. Crown and defence jointly recommended five years in custody less remand credit after a negotiated plea agreement. Justice Arnold accepted the joint recommendation, imposing five years less 539 days of remand credit, noting the offender's high moral blameworthiness and significant record for violence, as well as his guilty plea.
In the judge's words
1Denunciation and deterrence are of paramount import in sentencing Mr. Y. for this crime. His moral blameworthiness is high.
The record
- Convicted of
- Sexual assault of a person under 16 (CC 271 U16)
- Prior convictions
- 21 prior convictions1
- At the time of the offence
- Not stated1
- Defence asked for
- 5 years in custody1
- Appeal
- Not yet checked
- Counsel
- Crown: Sarah J. Lane
Defence: Jonathan Hughes
Sources
- R. v. C.S.Y., 2022 NSSC 122 Court decision, CanLII, March 15, 2022
[1] … They jointly recommend a sentence of five years in prison, less credit for remand time, along with a number of ancillary orders.
[1] … They jointly recommend a sentence of five years in prison, less credit for remand time, along with a number of ancillary orders.
[11] … He has a horrendous record of 49 retainable Youth Court convictions plus 21 convictions as an adult, many for violent offences.
[14] Denunciation and deterrence are of paramount import in sentencing Mr. Y. for this crime. His moral blameworthiness is high.
[14] … The joint recommendation proposed by Crown and defence is appropriate. … Five years’ custody less remand credit (539 days enhanced ((359 days at 1.5 credit)). 1,286 days going forward)
- R. v. C.S.Y., 2022 NSSC 122 Court decision, Courts of Nova Scotia