Invitation to sexual touching, Sexual exploitation of a young person, Making sexually explicit material available to a child
R. v. J.B.
A publication ban applies. The offender is not named.
- Below the Crown's ask
Sentence and the Crown's position
What the law allows
The offender pleaded guilty to invitation to sexual touching, sexual exploitation and making sexually explicit material available to a child, for offences against a young child over five years. The Crown sought four years in custody; the defence sought two years, citing Gladue factors. Justice Murray imposed 40 months of incarceration, finding the Crown's recommendation justified but that 40 months best reflected the offender's moral culpability given his Indigenous background, his own childhood abuse, his guilty plea and lack of a record.
In the judge's words
1[55] They amount to an egregious breach of trust of the relationship between them, one in which she was totally dependant on him maintaining that trust, and one in which she was totally vulnerable to his desire for gratification.
The record
Sources
- R. v. J.B., 2023 NSSC 427 Court decision, CanLII, December 14, 2023
[60] The Crown submits that a period of custody of four (4) years is an appropriate sentence in addition to the ancillary orders sought.
[61] The Defence recommends a period of custody of two (2) years
[22] The offences of sexual exploitation and invitation to sexual touching with persons under the age of 16 years each carry a maximum sentence of 14 years’ imprisonment and a minimum sentence of one (1) year if the Crown proceeds by indictment, which is the case here.
[71] As mentioned, he has no criminal record, with good prospects for employment and academic learning.
[55] They amount to an egregious breach of trust of the relationship between them, one in which she was totally dependant on him maintaining that trust, and one in which she was totally vulnerable to his desire for gratification.
I find a fit and proper sentence to be 40 months incarceration. The Crown recommendation was justified, but I find this sentence best reflects his moral culpability in these circumstances.
- R. v. J.B., 2023 NSSC 427 Court decision, Courts of Nova Scotia