Sexual assault
R. v. C.J.P.M.
A publication ban applies. The offender is not named.
Sentence and the Crown's position
What the law allows
The offender, who was 18 at the time, was convicted after trial of sexually assaulting a teenage complainant in August 2019. The Crown and defence jointly recommended two years in federal custody followed by 24 months of probation. Justice Chipman imposed the jointly recommended sentence, noting the offender's lack of a criminal record, his young age and evidence of good character, against the statutorily aggravating factor that the victim was under 18.
In the judge's words
1[22] A two-year custodial sentence followed by two years probation is fit and appropriate in the circumstances. Upon a review of the totality of the circumstances, including the mitigating factors identified and the applicable caselaw, this disposition is in the public interest and a reasonable, fit sentence for CJPM.
The record
- Convicted of
- Sexual assault (CC 271)
- 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: Emma Woodburn
Defence: Colin Coady
Sources
- R. v. C.J.P.M., 2022 NSSC 315 Court decision, CanLII, November 2, 2022
[4] The joint recommendation includes the following: … two years federal custody … 24 months probation;
[4] The joint recommendation includes the following: … two years federal custody … 24 months probation;
[13] Mr. M has no previous criminal history.
[22] A two-year custodial sentence followed by two years probation is fit and appropriate in the circumstances. Upon a review of the totality of the circumstances, including the mitigating factors identified and the applicable caselaw, this disposition is in the public interest and a reasonable, fit sentence for CJPM.
[22] A two-year custodial sentence followed by two years probation is fit and appropriate in the circumstances.
- R. v. C.J.P.M., 2022 NSSC 315 Court decision, Courts of Nova Scotia