Sexual assault of a person under 16
R. v. C.G.M.
A publication ban applies. The offender is not named.
Sentence and the Crown's position
Crown asked7 years in custody1
Judge imposed8 years' imprisonment, less 60 days' credit for remand1
What the law allows
Maximum14 years
Crown asked7 years in custody
Judge imposed8 years in custody
Defence asked3 years in custody
Minimum1 year
The offender pleaded guilty to sexually assaulting a 13-year-old girl repeatedly over several months in 2019, when he was 22. The Crown sought 7 to 8 years and the defence 3 years. Judge Russell imposed 8 years less 60 days' credit for remand, citing the violence, frequency and lasting harm of the abuse, and said the guilty plea, remorse and youth kept the sentence from going higher.
In the judge's words
1This child was repeatedly subjected to extreme violence. The resulting trauma has impacted almost all aspects of her life.
The record
- Convicted of
- Sexual assault of a person under 16 (CC 271 U16)
- 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: Glenn Gouthro
Defence: James Snow
Sources
- R. v. C.G.M., 2023 NSPC 26 Court decision, CanLII, May 24, 2023
[27] The Crown argues for a custodial sentence in the range of 7 to 8 years.
[29] The defence submits that a fit and proper sentence is a federal sentence of 3 years.
[13] Given that sentencing is an individualized process the qualities and circumstances of this accused are essential. The accused is 27 years old and has no prior record.
[93] This child was repeatedly subjected to extreme violence. The resulting trauma has impacted almost all aspects of her life.
[96] Accordingly, a fit and proper sentence for this accused in this case is 8 years. … The sentence will be 8 years imprisonment less credit for remand. … [97] The accused will be given credit for pre-trial custody of 1.5 times the 40 days he has spent in custody for total credit of 60 days. The net sentence after remand will be 7 years and 10 months.
- R. v. C.G.M., 2023 NSPC 26 Court decision, Courts of Nova Scotia