Sexual interference

R. v. C.M.S.

A publication ban applies. The offender is not named.

Sentence and the Crown's position

Crown asked24 months in custody1
Judge imposed24 months' imprisonment, then 3 years' probation1

What the law allows

Maximum14 years
Crown asked24 months in custody
Judge imposed24 months in custody
Defence asked18 months conditional sentence
Minimum1 year
For sexual interference (CC 151), the Criminal Code currently allows up to 14 years when the Crown proceeds by indictment, with a mandatory minimum of 1 year. The sentence imposed is 14% of the maximum. Read the section.

A jury found the offender guilty of sexual interference and sexual assault for touching a child under 14 for a sexual purpose on four occasions in Digby County in the summer of 2005; the sexual assault count was stayed. The Crown sought 24 months' imprisonment followed by 3 years' probation, and the defence a conditional sentence of 18 months to two years less a day. Justice Bodurtha imposed 24 months' imprisonment followed by 3 years' probation, finding the offender was in a position of trust and that the abuse was repeated.

In the judge's words

This is a serious offence committed against a young, female, Indigenous child, of whom C.M.S. was in a position of trust. This was not a single incident. The sexual abuse took place on four occasions.

1

The record

Convicted of
Prior convictions
0 prior convictions1
At the time of the offence
Not stated1
Defence asked for
18 months conditional sentence1
Appeal
Not yet checked
Counsel
Crown: Josie McKinney, Chelsea Cottreau
Defence: Raymond Jacquard

Sources

  1. R. v. C.M.S., 2022 NSSC 166 Court decision, CanLII, May 20, 2022[8] The Crown’s position is that a fit and proper sentence for C.M.S. is: … 24 months custody, followed by 3 years probation[10] It is the Defence’s position that an appropriate sentence is a custodial term between the range of 18 months to two years’ less a day to be served in the community pursuant to a Conditional Sentence Order, followed by two years’ probation.[7] There was no mandatory minimum in existence as of the time of the offence and, as a result, a conditional sentence order is available for C.M.S.[18] C.M.S. has no prior criminal record. I have been referred to a dated sexual offence from 1996 for which C.M.S. received a conditional discharge. While this is not considered a prior conviction, it is still a relevant consideration in the highly individualized process that is sentencing.[67] … This is a serious offence committed against a young, female, Indigenous child, of whom C.M.S. was in a position of trust. This was not a single incident. The sexual abuse took place on four occasions.[70] … I find that the sentence proposed by the Crown is appropriate and sentence C.M.S. to 24 months’ imprisonment to be followed by 3 years’ probation including the conditions, referenced above pursuant to sections 732.1(2) and 732.1(3) of the Criminal Code.
  2. R. v. C.M.S., 2022 NSSC 166 Court decision, Courts of Nova Scotia

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