Sexual interference
R. v. K.C.S.
A publication ban applies. The offender is not named.
Sentence and the Crown's position
What the law allows
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
1Absent 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.
The record
- Convicted of
- Sexual interference (CC 151)
- 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
- 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:
- R. v. K.C.S., 2023 NSPC 28 Court decision, Courts of Nova Scotia