Sexual interference, Assault
R. v. J.H.S.S.
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 convicted of sexual interference against two young children and of assault against a third child, all of whom were in his care. The Crown sought a total of about nine years in custody and the defence sought six years and two months. Justice Keith imposed consecutive sentences totalling seven years and three months, citing the breach of trust and the number and young age of the victims.
In the judge's words
1That said, I cannot diminish in this case the breach of trust, the deceptive manner in which children were robbed of their innocence. Moreover, these crimes were committed in a Daycare where the victims (given their young ages) were necessarily confined to the Daycare as a safety precaution. In a grim reversal, a requirement designed to ensure their safety was perverted into an opportunity for abuse.
The record
- Convicted of
- Sexual interference (CC 151, 2 counts)
- Assault (CC 266)
- Prior convictions
- 0 prior convictions1
- At the time of the offence
- Not stated1
- Defence asked for
- 75 months in custody1
- Appeal
- Not yet checked
- Counsel
- Crown: Cory Roberts
Defence: Carbo Kwan
Sources
- R. v. J.H.S.S., 2023 NSSC 411 Court decision, CanLII, December 20, 2023
[51] The Crown seeks the following sentences: … Representing a total sentence of approximately 9 years.
[52] The Defence proposes: … Representing a total period of incarceration of 6 years and 2 months.
[26] … 2. Mr. … has no criminal record.
[67] … That said, I cannot diminish in this case the breach of trust, the deceptive manner in which children were robbed of their innocence. Moreover, these crimes were committed in a Daycare where the victims (given their young ages) were necessarily confined to the Daycare as a safety precaution. In a grim reversal, a requirement designed to ensure their safety was perverted into an opportunity for abuse.
[64] Having weighed all of these issues, I order that: … be incarcerated for a period of 4.5 years for the crime of sexual interference against RS … 2. I agree that the period of incarceration for the crime of sexual interference against JB should be lesser and, in my view, an appropriate and fit sentence in the circumstances is 2.5 years, consecutive; … shall also be incarcerated for a period of 3 months for the assault on MA. … [65] This represents a total period of incarceration of 7 years 3 months which is a significant period of time.
- R. v. J.H.S.S., 2023 NSSC 411 Court decision, Courts of Nova Scotia