Sexual assault, Assault

R. v. S.F.M.

A publication ban applies. The offender is not named.

  • Below the Crown's ask
  • On release at the time

Sentence and the Crown's position

Crown asked5 years in custody1
Judge imposed3 years 3 months federal custody (concurrent 18 months and 30 days on other counts); DNA, s. 109 order 10 years, SOIRA1
640 days less custody than the Crown asked

What the law allows

Maximum10 years
Crown asked5 years in custody
Judge imposed3 years and 3 months in custody
Defence asked2 years in custody
For sexual assault (CC 271), the Criminal Code currently allows up to 10 years when the Crown proceeds by indictment, with no mandatory minimum. The sentence imposed is 32% of the maximum. Read the section.

The offender was convicted after trial of two counts of sexual assault and one count of assault against the same complainant over several years. The Crown sought five to six years of incarceration; the defence sought two years in a federal institution followed by probation. Associate Chief Justice Duncan imposed three years and three months, finding the Crown's position did not adequately account for the offender's rehabilitative prospects or the Impact of Race and Culture Assessment.

In the judge's words

I have concluded that the prosecution recommendation has inadequately accounted for the rehabilitative prospects of S.F.M.. I also feel that it does not give proper weight to the impact of the IRCA information. I do not accept that a period of five to six years of incarceration properly responds to the circumstances of both the offences and the offender.

1

The record

Convicted of
Prior convictions
0 prior convictions1
At the time of the offence
On probation1
Defence asked for
2 years in custody1
Appeal
Not yet checked
Counsel
Crown: Alicia Kennedy
Defence: James M. C. Giacomantonio

Sources

  1. R. v. S.F.M., 2022 NSSC 90 Court decision, CanLII, March 2, 2022[49] The prosecution reviewed the statutorily and factually aggravating circumstances of these offences and of the offender and submits that a fit and proper sentence is the imposition of a period of incarceration for five to six years.[50] Counsel for S.F.M. submits that a fit and proper sentence is a period of two years custody in a federal institution to be followed by 24 to 36 months of probation.[43] … His probationary period continued to November 2016. As such, some of his criminal conduct in the matters he faces before the court today occurred during a period that he was subject to a probation order.[41] Although no convictions were entered in relation to these charges, the timing and circumstances of these offences are relevant to this proceeding.[97] I have concluded that the prosecution recommendation has inadequately accounted for the rehabilitative prospects of S.F.M.. I also feel that it does not give proper weight to the impact of the IRCA information. I do not accept that a period of five to six years of incarceration properly responds to the circumstances of both the offences and the offender.[104] The sentence of the court is three years and three months in a federal institution.
  2. Criminal Code, s. 271 Record, Justice Laws Website
  3. R. v. S.F.M., 2022 NSSC 90 Court decision, Courts of Nova Scotia

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