Sexual interference

R. v. K.C.S.

A publication ban applies. The offender is not named.

Sentence and the Crown's position

Crown asked5 years in custody1
Judge imposed5 years in custody1

What the law allows

Maximum14 years
Crown asked5 years in custody
Judge imposed5 years in custody
Defence asked2 years less a day conditional sentence
Minimum1 year
For sexual interference (CC 151), the Criminal Code currently allows up to 14 years when the Crown proceeds by indictment, with a mandatory minimum of 1 year. The sentence imposed is 36% of the maximum. Read the section.

The offender pleaded guilty to one count of sexual interference for repeatedly sexually touching a child over about five years, beginning when she was seven or eight. The Crown sought five years in custody; the defence sought a conditional sentence of two years less a day followed by three years of probation. Judge Driscoll imposed 5 years in custody, finding that absent his combined age and health problems the appropriate sentence would have been 6 to 7 years, and noting his prior conviction for sexual assault.

In the judge's words

Absent his combined age and health problems, the appropriate sentence for this offender in these circumstances would be 6-7 years. He subjected the victim to frequent invasive sexual abuse for years.

1

The record

Convicted of
Prior convictions
1 prior conviction, 1 violent1
At the time of the offence
Not stated1
Defence asked for
2 years less a day conditional sentence1
Appeal
Not yet checked
Counsel
Crown: Eric Taylor
Defence: J. Patrick Atherton

Sources

  1. R. v. K.C.S., 2023 NSPC 28 Court decision, CanLII, January 4, 2023[3] The Crown is seeking five years in custody and a number of ancillary orders.[3] … Defence is recommending a Conditional Sentence Order of two years less a day and three years probation.[25] … has a record for sexual assault. … [42] I note that his prior conviction occurred while he was alone with the victim in the victim’s apartment.[59] Absent his combined age and health problems, the appropriate sentence for this offender in these circumstances would be 6-7 years. He subjected the victim to frequent invasive sexual abuse for years.[64] After considering all of the principles, his guilty plea and declining age and health … is sentenced to 5 years in custody plus the following ancillary orders:
  2. R. v. K.C.S., 2023 NSPC 28 Court decision, Courts of Nova Scotia

publicly
Sentence Watch is part of Publicly: sites built from government and court records, with every fact linked to its source. Publicly is not affiliated with any government. Visits are counted with Google Analytics, which sets cookies.