Sexual interference, Invitation to sexual touching, Possessing child sexual abuse material
R. v. W.M.
A publication ban applies. The offender is not named.
- Below the Crown's ask
Sentence and the Crown's position
What the law allows
W.M. pleaded guilty to three counts of sexual interference and four counts of invitation to sexual touching involving three young children over about 12 years, and one count of possessing child pornography; he had prior convictions for sexual offences against a child. The Crown sought a long-term offender designation and 15 years in custody followed by a 10-year supervision order; the defence opposed the designation and sought eight years. Judge Buckle imposed a global sentence of 12.5 years after reducing it for totality, less 1,643 days' credit, citing his age of 68 and poor health, and declined to designate him a long-term offender.
In the judge's words
1[175] … However, W.M. is now 68 years old, is in physically poor health and will probably experience cognitive decline while in custody. I do conclude that 15.5 years in custody would be a crushing sentence for him.
The record
- Convicted of
- Sexual interference (CC 151, 3 counts)
- Invitation to sexual touching (CC 152, 4 counts)
- Possessing child sexual abuse material (CC 163.1(4))
- Prior convictions
- 2 prior convictions, 2 violent1
- At the time of the offence
- Not stated1
- Defence asked for
- 8 years in custody1
- Mandatory minimum
- Applied1
- Appeal
- Not yet checked
- Counsel
- Crown: Sean McCarroll, Samantha Allen
Defence: Peter Planetta
Sources
- R. v. W.M., 2023 NSPC 30 Court decision, CanLII, April 20, 2023
[5] The Crown applied to have W.M. declared a Long-term Offender (LTO) and sought a global sentence of 15 years in custody, less credit for the time he has served in custody pending sentence, followed by a 10-year Long-Term Supervision Order (LTSO) along with various ancillary orders.
[6] The Defence contested the LTO designation and submitted that the global custodial sentence should be eight years, less credit for time already spent in custody.
[161] … In 2015, the maximum sentence for this offence, when prosecuted by indictment, was increased from five years to ten and the minimum from six months to one year.
[40] In 2005, W.M. pleaded guilty to two counts of sexual assault contrary to s. 271 of the Criminal Code.
[175] … However, W.M. is now 68 years old, is in physically poor health and will probably experience cognitive decline while in custody. I do conclude that 15.5 years in custody would be a crushing sentence for him.
[124] … As of the date of sentencing, April 20, 2023, he has served three years (1,095 days) and will be give credit for four and a half years (1,643 days). … [182] Therefore, I impose the custodial sentences outlined above (12.5 years, less remand time for a go forward sentence of eight years) and decline to designate
- R. v. W.M., 2023 NSPC 30 Court decision, Courts of Nova Scotia