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

Crown asked7 years in custody1
Judge imposed6.5 years imprisonment1
185 days less custody than the Crown asked

What the law allows

Maximum14 years
Crown asked7 years in custody
Judge imposed79 months in custody
Defence asked1 year in custody
Minimum1 year
For sexual assault of a person under 16 (CC 271 U16), 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 46% of the maximum. Read the section.

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

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. … These were abhorrent crimes perpetrated against a completely innocent, vulnerable child throughout a period of over six years.

1

The record

Convicted of
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

  1. R. v. J.D. (C.), 2023 NSSC 334 Court decision, CanLII, October 20, 2023The 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.
  2. R. v. J.D. (C.), 2023 NSSC 334 Court decision, Courts of Nova Scotia

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