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
What the law allows
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
1I 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.
The record
- Convicted of
- Sexual assault (CC 271, 2 counts)
- Assault (CC 266)
- 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
- 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.
- Criminal Code, s. 271 Record, Justice Laws Website
- R. v. S.F.M., 2022 NSSC 90 Court decision, Courts of Nova Scotia