Voyeurism, Sexual assault

R. v. Z.Z.

A publication ban applies. The offender is not named.

  • Below the Crown's ask

Sentence and the Crown's position

Crown asked9 years in custody1
Judge imposed6 years global (voyeurism sentences made concurrent on totality), less 981 days remand credit1
3 years less custody than the Crown asked

What the law allows

Maximum10 years
Crown asked9 years in custody
Judge imposed6 years in custody
Defence asked4 years in custody
For voyeurism (CC 162(1)), the Criminal Code currently allows up to 10 years when the Crown proceeds by indictment, with no mandatory minimum. The sentence imposed is 60% of the maximum. Read the section.

The offender pleaded guilty to two counts of sexual assault and two counts of surreptitiously making a visual recording, involving two complainants who were asleep or unconscious. The Crown sought a global sentence of nine years and the defence four years. Associate Chief Judge Russell found a global sentence of seven years fit but, on a last look at totality and restraint, reduced it to six years by making the voyeurism sentences concurrent, less 981 days of remand credit, citing remorse, Gladue considerations, harsh remand conditions and his commitment to rehabilitation.

In the judge's words

I cannot ignore the accused’s expressions of remorse, his life circumstances, the Gladue considerations, and the extraordinary commitment he has already made towards his rehabilitation. I do fear that a seven year sentence in this case may impair his extensive rehabilitative efforts. Denunciation and deterrence, while foregrounded in this analysis, cannot marginalize restraint and rehabilitation.

1

The record

Convicted of
Prior convictions
1 prior conviction1
At the time of the offence
Not stated1
Defence asked for
4 years in custody1
Appeal
Not yet checked
Counsel
Crown: Constance MacIsaac
Defence: Nick Fitch

Sources

  1. R. v. Z.Z., 2024 NSPC 42 Court decision, CanLII, August 30, 2024[5] The Crown argues for a global sentence of nine years, less credit for remand and any Duncan credit as deemed appropriate.[7] The Accused argues for a global sentence of four years less remand and Duncan credit.[15] With respect to his criminal record, he has a single prior conviction from 2013: possession for the purpose of trafficking contrary to section 5(2) of the Controlled Drugs and Substances Act.[166] I cannot ignore the accused’s expressions of remorse, his life circumstances, the Gladue considerations, and the extraordinary commitment he has already made towards his rehabilitation. I do fear that a seven year sentence in this case may impair his extensive rehabilitative efforts. Denunciation and deterrence, while foregrounded in this analysis, cannot marginalize restraint and rehabilitation.[166] … Therefore, the total sentence will be six years. To reflect this, the sentences for both voyeurism offences will be concurrent. [167] The resulting six year sentence will then be subject to a remand credit of 981 days (i.e., 654 days at 1:5:1). The go forward sentence will be forty months (1,209 days).
  2. Criminal Code, s. 271 Record, Justice Laws Website
  3. R. v. Z.Z., 2024 NSPC 42 Court decision, Courts of Nova Scotia

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