Sexual assault, Breach of trust by public officer
R. v. B.W.
A publication ban applies. The offender is not named.
Sentence and the Crown's position
What the law allows
The offender, a correctional officer at a federal women's prison, pleaded guilty on the first day of his jury trial to three counts of sexual assault and three counts of breach of trust involving three inmates in 2018. The Crown and defence jointly recommended three years in custody. Justice Hunt accepted the joint recommendation and imposed three years in federal custody, finding it within the acceptable range and noting the guilty plea spared the victims from testifying.
In the judge's words
1I have concluded that the recommended sentence is fit, falling as it does within an acceptable range of sentences for this offence, having regard to the totality of the circumstances and the treatment of other offenders in similar circumstances.
The record
- Convicted of
- Sexual assault (CC 271, 3 counts)
- Breach of trust by public officer (CC 122, 3 counts)
- Prior convictions
- 0 prior convictions1
- At the time of the offence
- Not stated1
- Defence asked for
- 3 years in custody1
- Appeal
- Not yet checked
- Counsel
- Crown: Thomas Kayter and Laura Barrett
Defence: Derek Sonnichsen
Sources
- R. v. B.W., 2022 NSSC 244 Court decision, CanLII, August 23, 2022
[18] The recommended sentence placed before the Court is for a term of incarceration of three years together with a series of ancillary orders.
[15] I have been presented with a joint recommendation by counsel. … [18] The recommended sentence placed before the Court is for a term of incarceration of three years together with a series of ancillary orders.
[21] … is a 56-year-old first time offender.
[36] I have concluded that the recommended sentence is fit, falling as it does within an acceptable range of sentences for this offence, having regard to the totality of the circumstances and the treatment of other offenders in similar circumstances.
[38] … You are hereby sentenced as follows: 1. You will serve a term of three years in federal custody. By agreement, there is no credit to be calculated for pre-trial custody, which in any case was minimal.
- Criminal Code, s. 271 Record, Justice Laws Website
- R. v. B.W., 2022 NSSC 244 Court decision, Courts of Nova Scotia