Sexual interference
R. v. C.S.
A publication ban applies. The offender is not named.
Sentence and the Crown's position
Crown asked7 years in custody1
Judge imposed7 years' imprisonment1
What the law allows
Maximum14 years
Crown asked7 years in custody
Judge imposed7 years in custody
Defence asked4 years in custody
Minimum1 year struck down
The offender pleaded guilty to sexual interference for abusing a child over about four years, starting when she was seven, with the abuse escalating to intercourse. The Crown sought 7 to 9 years and the defence 4 years. Judge Michie imposed 7 years' imprisonment, citing the victim's age, the abuse of a position of trust and the gravity and duration of the abuse.
In the judge's words
1There is absolutely no question that a federal period of incarceration is the fit and appropriate sentence for this offence. The question is the length of that sentence.
The record
- Convicted of
- Sexual interference (CC 151)
- 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: Paul Drysdale
Defence: James Goodwin
Sources
- R. v. C.S., 2023 NSPC 34 Court decision, CanLII, May 5, 2023
[70] Taking all of the foregoing factors and the relevant caselaw into consideration, the Crown respectfully submitted that a sentence in the seven-to-nine-year range is appropriate in the circumstances.
[71] The accused submits that four years would be an appropriate sentence in this matter.
[42] The mandatory minimum sentence for sexual interference has been declared unconstitutional by the Nova Scotia Court of Appeal in the R. v. Hood, 2018 NSCA 18.
[24] C. S. is a 45-year-old male offender with no prior criminal record.
[3] There is absolutely no question that a federal period of incarceration is the fit and appropriate sentence for this offence. The question is the length of that sentence.
[75] After taking into consideration all of the relevant factors, I find that the appropriate sentence is a period of incarceration for seven years.
- R. v. C.S., 2023 NSPC 34 Court decision, Courts of Nova Scotia