Sexual assault

R. v. D.D.

A publication ban applies. The offender is not named.

  • On release at the time

Sentence and the Crown's position

Crown asked3 years in custody1
Judge imposed3 years imprisonment (1 year and 2 years consecutive)1

What the law allows

Maximum10 years
Crown asked3 years in custody
Judge imposed3 years in custody
For sexual assault (CC 271), the Criminal Code currently allows up to 10 years when the Crown proceeds by indictment, with no mandatory minimum. The sentence imposed is 30% of the maximum. Read the section.

The offender was sentenced for two sexual assaults on two different women, committed in 2019 and 2020 while he was in a position of trust toward them; he was convicted after trial of one and pleaded guilty to the other. The Crown sought three years in total; the defence sought a conditional sentence followed by probation. Justice Muise imposed three years in custody (one year and two years consecutive), rejecting a conditional sentence because of the gravity of the offences, the breach of trust and the elevated risk of reoffending.

In the judge's words

[129] I find that, in the circumstances, a total sentence of 3 years’ imprisonment is in an acceptable range. It is not an unduly long and disproportionate sentence. It is at the lower end of the range. Therefore, it is not to be reduced.

1

The record

Convicted of
Prior convictions
0 prior convictions1
At the time of the offence
On bail1
Appeal
Not yet checked
Counsel
Crown: Chelsea Cottreau
Defence: Philip Star

Sources

  1. R. v. D.D., 2023 NSSC 429 Court decision, CanLII, October 6, 2023[32] The Crown recommends one year of imprisonment for the sexual assault on … and two years’ imprisonment for the sexual assault on … to be served consecutively, for a total of three years[5] There is no minimum penalty.[135] The second offence occurred while the offender was on an undertaking from the first offence.[116] He has no prior convictions.[129] I find that, in the circumstances, a total sentence of 3 years’ imprisonment is in an acceptable range. It is not an unduly long and disproportionate sentence. It is at the lower end of the range. Therefore, it is not to be reduced.[154] Considering the objectives, principles and factors I have already canvassed, I find that, in the circumstances of the case at hand, a total sentence of 3 years or more is appropriate. Applying the principle of restraint, I will limit it to 3 years, and sentence … as follows: … for a total of 3 years’ imprisonment.
  2. R. v. D.D., 2023 NSSC 429 Court decision, Courts of Nova Scotia

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