Sexual assault of a person under 16
R. v. 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
The offender was convicted after trial of sexual assault of a complainant who was a child at the time. The Crown sought three to four years of imprisonment and the defence sought a conditional sentence of two years less a day. Judge Duffy imposed 24 months in custody followed by two years of probation, finding that a community-based sentence was not appropriate given the aggravating factors and the need for denunciation and deterrence.
In the judge's words
1In determining the length of custody, I need to focus on proportionality, which requires an individualized approach, and must suitably reflect the gravity of the offence and D.C.’s degree of moral responsibility. In doing so, the message of general deterrence cannot be overstated. In short, the consequence must fit the crime.
The record
- Convicted of
- Sexual assault of a person under 16 (CC 271 U16)
- Prior convictions
- 0 prior convictions1
- At the time of the offence
- Not stated1
- Defence asked for
- 2 years less a day conditional sentence1
- Appeal
- Not yet checked
- Counsel
- Crown: Stacey Gerrard
Defence: Peter Kidston
Sources
- R. v. D.C., 2024 NSPC 27 Court decision, CanLII, May 1, 2024
[3] This was a contested sentencing hearing. The Crown asks the Court to impose a three- to- four-year sentence of incarceration.
[4] The Defence recommends a sentence of two years’ less a day imprisonment, to be served in the community under the conditions of a Conditional Sentence Order.
[7] D.C. has a solitary lifestyle. … At 51 years of age, he is an offender for the first time.
[44] In determining the length of custody, I need to focus on proportionality, which requires an individualized approach, and must suitably reflect the gravity of the offence and D.C.’s degree of moral responsibility. In doing so, the message of general deterrence cannot be overstated. In short, the consequence must fit the crime.
[49] The warrant of committal will be for a term of 24 months. … There will be a two-year period of probation to follow the sentence of incarceration.
- R. v. D.C., 2024 NSPC 27 Court decision, Courts of Nova Scotia