Sexual assault

R. v. J.A.

A publication ban applies. The offender is not named.

  • No jail for a violent offence

Sentence and the Crown's position

Crown askedNot recorded
Judge imposed24 months less a day conditional sentence (18 months house arrest), then 30 months probation1

A conditional sentence is served in the community, usually under house arrest. It counts as no custody here.

What the law allows

Maximum10 years
Judge imposed2 years less a day conditional sentence
Defence asked2 years less a day conditional sentence
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 20% of the maximum. Read the section.

J.A. was convicted after trial of sexually assaulting the complainant on repeated occasions in 2021, mostly while she was asleep. The Crown sought a federal penitentiary sentence; the defence sought a conditional sentence of 24 months less a day followed by 30 months of probation. Judge van der Hoek imposed a conditional sentence of 24 months less a day, including 18 months of house arrest, followed by 30 months of probation, finding that the mitigating factors, including that J.A. was a youthful first offender, outweighed the aggravating ones.

In the judge's words

Rather, taking into account the principles of restraint, acknowledging that a first period of incarceration should be as low as possible to achieve the sentencing objectives, I find a period of incarceration of just under 24 months is a fit and proper sentence in the circumstances of this particular offender.

1

The record

Convicted of
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: Richard Hartlen
Defence: Claire Levasseur

Sources

  1. R. v. J.A., 2024 NSPC 5 Court decision, CanLII, January 11, 2024[4] Defence Counsel seeks 24-months less a day incarceration to be served in the community on a conditional sentence order followed by 30 months of probation.[53] The test for a conditional sentence set out in the Supreme Court of Canada in R. v. Proulx, supra, requires the Court to first determine that the offence is not subject to a mandatory minimum sentence. It is not.[12] … He has neither a prior criminal record nor a history of Youth Criminal Justice Act dispositions.[52] … Rather, taking into account the principles of restraint, acknowledging that a first period of incarceration should be as low as possible to achieve the sentencing objectives, I find a period of incarceration of just under 24 months is a fit and proper sentence in the circumstances of this particular offender.[54] … He will serve a period of 24 months less a day on a conditional sentence order with the conditions requested by the defence counsel, including house arrest for eighteen months with limited exceptions, counselling, and no contact with the victim except in accordance with a family court order, and a curfew for the remaining period. [55] In addition, J.A. will be subject to a period of probation for 30 months.
  2. R. v. J.A., 2024 NSPC 5 Court decision, Courts of Nova Scotia

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