Sexual interference, Invitation to sexual touching, Luring a child
R. v. C.B.
A publication ban applies. The offender is not named.
- Below the Crown's ask
Sentence and the Crown's position
What the law allows
C.B. was found guilty after trial of sexual interference, invitation to sexual touching and child luring involving a 14-year-old girl over about nine months, through video communication and in-person sexual activity, in a significant breach of trust. The Crown sought a global sentence of seven years; the defence sought four years. Judge Buckle imposed a global sentence of six years in custody, reducing it from six years and nine months for totality in light of his age and degenerative health condition.
In the judge's words
1However, I conclude that the principles of proportionality, parity and restraint require some reduction of C.B.’s sentence. In reaching that conclusion, I have considered the global gravity of the conduct and C.B.’s culpability as well as his age and degenerative health condition.
The record
- Convicted of
- Sexual interference (CC 151)
- Invitation to sexual touching (CC 152)
- Luring a child (CC 172.1)
- Prior convictions
- 0 prior convictions1
- At the time of the offence
- Not stated1
- Defence asked for
- 4 years in custody1
- Mandatory minimum
- Found unconstitutional or not applied under a binding ruling1
- Appeal
- Not yet checked
- Counsel
- Crown: Steven Anstey
Defence: Josh Nodelman
Sources
- R. v. C.B., 2023 NSPC 29 Court decision, CanLII, April 28, 2023
[80] After consideration of totality, the Crown seeks a global custodial sentence of seven years and the Defence, a global custodial sentence of four years.
[80] After consideration of totality, the Crown seeks a global custodial sentence of seven years and the Defence, a global custodial sentence of four years.
[72] I have to apply Lemay cautiously because the appeal court relied on the one-year minimum penalty to increase the sentence. That mandatory minimum has been declared unconstitutional in Nova Scotia (R. v. Hood, 2018 NSCA 18, paras. 147-156).
[35] He has no prior criminal record.
[102] … However, I conclude that the principles of proportionality, parity and restraint require some reduction of C.B.’s sentence. In reaching that conclusion, I have considered the global gravity of the conduct and C.B.’s culpability as well as his age and degenerative health condition.
[103] In my view an appropriate global sentence would be six years in custody.
- R. v. C.B., 2023 NSPC 29 Court decision, Courts of Nova Scotia