Sexual interference
R. v. T.K.B.
A publication ban applies. The offender is not named.
Sentence and the Crown's position
What the law allows
The offender was found guilty after trial of sexual interference with a person under 16, involving four incidents; a related sexual assault charge was stayed. The Crown sought 12 months' imprisonment and 3 years' probation; the defence sought a conditional sentence and challenged the constitutionality of the provision barring one. Justice Norton found a conditional sentence would not be fit in light of R. v. Friesen, declined to decide the moot constitutional question, and imposed 12 months' imprisonment followed by 3 years' probation.
In the judge's words
1In my opinion, in the circumstances of this case and in light of the direction by Friesen, a conditional sentence would not respect the purposes of and principles of sentencing.
The record
- Convicted of
- Sexual interference (CC 151)
- Prior convictions
- Not recorded
- At the time of the offence
- Not stated1
- Appeal
- Not yet checked
- Counsel
- Crown: Josie McKinney and Stephanie Morton
Defence: Drew Rogers
Sources
- R. v. T.K.B., 2022 NSSC 150 Court decision, CanLII, May 19, 2022
[4] With regard to sentence, the Crown seeks a sentence of 12 months imprisonment and 3 years probation.
[37] In my opinion, in the circumstances of this case and in light of the direction by Friesen, a conditional sentence would not respect the purposes of and principles of sentencing.
I sentence you to 12 months imprisonment to be followed by 3 years probation
- R. v. T.K.B., 2022 NSSC 150 Court decision, Courts of Nova Scotia