Sexual interference, Sexual exploitation of a young person, Sexual assault

R. v. D.C.S.

A publication ban applies. The offender is not named.

Sentence and the Crown's position

Crown asked5 years and 6 months in custody1
Judge imposed6 years' imprisonment (3 years, 2 years and 1 year consecutive)1

What the law allows

Maximum14 years
Crown asked5 years and 6 months in custody
Judge imposed6 years in custody
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 43% of the maximum. Read the section.

The offender was found guilty after trial of sexual assault, sexual interference and sexual exploitation of a young person, for abuse of a child that lasted about six years. The Crown sought 5.5 to 7 years; the offender, who represented himself, made no recommendation. Justice Norton imposed consecutive sentences of 3 years, 2 years and 1 year, for a total of 6 years, citing grooming, escalation and the abuse of a position of trust.

In the judge's words

As I found at the trial, there was clear evidence of grooming behaviour and escalation of conduct. His moral blameworthiness is accordingly very high.

1

The record

Prior convictions
Not recorded
At the time of the offence
Not stated1
Appeal
Not yet checked
Counsel
Crown: Nicole Campbell

Sources

  1. R. v. D.C.S., 2023 NSSC 242 Court decision, CanLII, July 20, 2023[3] The Crown recommends a custodial sentence of 5.5 to 7 years.[22] … As I found at the trial, there was clear evidence of grooming behaviour and escalation of conduct. His moral blameworthiness is accordingly very high.[29] In this case I have determined that a fit and proper sentence is as follows: … calling for a sentence of 3 years. … a consecutive sentence of 2 years. … a consecutive sentence of 1 year. … [30] I have considered that the totality of the sentence of 6 years is not excessive for DCS as an individual.
  2. R. v. D.C.S., 2023 NSSC 242 Court decision, Courts of Nova Scotia

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