Sexual assault of a person under 16
R. v. J.D. (C.)
A publication ban applies. The offender is not named.
- Below the Crown's ask
Sentence and the Crown's position
What the law allows
After a trial, the offender was found guilty of sexual assault and sexual interference for abusing a child over more than six years; the sexual interference count was stayed. The Crown sought seven to eight years in custody and the defence sought one year. Justice Chipman imposed six and one-half years, finding that Supreme Court of Canada direction required a much longer sentence than the defence proposed.
In the judge's words
1In this respect, I am of the view that the direction from the Supreme Court of Canada requires a much lengthier period of incarceration than the Defence is prepared to concede. … These were abhorrent crimes perpetrated against a completely innocent, vulnerable child throughout a period of over six years.
The record
- Convicted of
- Sexual assault of a person under 16 (CC 271 U16)
- Prior convictions
- Not recorded
- At the time of the offence
- Not stated1
- Defence asked for
- 1 year in custody1
- Appeal
- Not yet checked
- Counsel
- Crown: Steven Degen
Defence: Terrance Sheppard, K.C., and Samantha Gray
Sources
- R. v. J.D. (C.), 2023 NSSC 334 Court decision, CanLII, October 20, 2023
The Crown recommends a sentence of seven to eight years in custody along with appropriate ancillary orders.
Defence counsel proposes one year of imprisonment served consecutively for both offences. … the Defence (incorrectly in my view) references two pre-Friesen decisions in coming to their one-year sentence suggestion.
[17] … In this respect, I am of the view that the direction from the Supreme Court of Canada requires a much lengthier period of incarceration than the Defence is prepared to concede. … [32] These were abhorrent crimes perpetrated against a completely innocent, vulnerable child throughout a period of over six years.
[35] Balancing all of the factors, the appropriate sentence for J.D.C. in this case is six and one-half years in custody.
- R. v. J.D. (C.), 2023 NSSC 334 Court decision, Courts of Nova Scotia