Sexual interference
R. v. AMB
A publication ban applies. The offender is not named.
Sentence and the Crown's position
What the law allows
The offender was convicted after trial of two counts of sexual interference with a child under 16 committed between 2018 and 2019 near Hammonds Plains and Lower Sackville; related sexual assault counts were stayed. The Crown sought 7 to 9 years; the defence sought no more than 2 years in custody and 3 years' probation. Justice Rosinski imposed 7 years' imprisonment on each count, concurrent, less 137 days of remand credit, finding the aggravating factors numerous, including a breach of trust, with no strong mitigating factors.
In the judge's words
1I have canvassed the aggravating factors otherwise herein; they are numerous, and material to the identification of a proper sentence. There are no strongly countervailing mitigating factors.
The record
- Convicted of
- Sexual interference (CC 151, 2 counts)
- Prior convictions
- 0 prior convictions1
- At the time of the offence
- Not stated1
- Defence asked for
- 2 years in custody1
- Appeal
- Not yet checked
- Counsel
- Crown: Alicia Kennedy
Defence: Jonathan Hughes
Sources
- R. v. AMB, 2022 NSSC 262 Court decision, CanLII, October 5, 2022
[6] The Crown argues AMB should be imprisoned for between 7 and 9 years (less remand- time credit since he was detained pending sentencing on July 7, 2022).
With the benefit of the SOA his counsel advocates instead for a sentence of no more than 2 years in custody and 3 years probation.
[21] Regarding the circumstances of AMB, he points out that he has no previous criminal record
[88] I have canvassed the aggravating factors otherwise herein; they are numerous, and material to the identification of a proper sentence. There are no strongly countervailing mitigating factors.
[89] With a last look, to ensure I act on proper bases and with restraint such that the aggregate sentence is not disproportionate, I am satisfied that on the 5 to 9 years range, AMB’s sentence should be set as 7 years imprisonment, allocated as follows: … [91] Therefore, his remaining sentence is 7 years less 137 days of remand credit for a go forward sentence of 6 years, 7 months and 17 days (this includes the two days for leap years).
- R. v. AMB, 2022 NSSC 262 Court decision, Courts of Nova Scotia