Sexual assault, Forcible confinement

R. v. J.F.

A publication ban applies. The offender is not named.

Sentence and the Crown's position

Crown asked4 years in custody1
Judge imposed4 years' imprisonment for sexual assault, 9 months concurrent for unlawful confinement1

What the law allows

Maximum10 years
Crown asked4 years in custody
Judge imposed4 years in custody
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 40% of the maximum. Read the section.

The offender, then about 30, was convicted after trial of sexual assault and unlawful confinement for locking a 16-year-old girl in his vehicle and forcing intercourse on her after arranging through social media to pay her to spend time with him. The Crown sought four to six years; the defence sought a conditional sentence of two years less a day. Justice Muise found a conditional sentence unavailable and imposed four years' imprisonment for the sexual assault and nine months concurrent for the unlawful confinement, applying the principle of restraint to the low end of the range he found appropriate.

In the judge's words

Considering the objectives, principles and factors I have already canvassed, and despite capable argument from Counsel for … that a shorter period of imprisonment would be appropriate, I find that, in the circumstances of the case at hand, a sentence of at least 4 years’ imprisonment for the sexual assault is appropriate. Applying the principle of restraint, I will limit the sentence to 4 years.

1

The record

Convicted of
Prior convictions
1 prior conviction, 1 violent1
At the time of the offence
Not stated1
Defence asked for
2 years less a day conditional sentence1
Appeal
Not yet checked
Counsel
Crown: Chelsea Cottreau
Defence: Christopher Arisz

Sources

  1. R. v. J.F., 2024 NSSC 106 Court decision, CanLII, January 30, 2024[24] The Crown recommends 4 to 6 years of imprisonment for the sexual assault and 9 to 12 months of imprisonment for the unlawful confinement, to be served concurrently[25] The Defence recommends, for the sexual assault, a period of imprisonment of 2 years less a day, to be served in the community under a conditional sentence order, followed by 2 years’ probation.[5] There is no minimum penalty.[51] … He has a not insignificant prior offence of violence on his record, having been sentenced, in November 2014, to an 18-month conditional sentence order for an offence of uttering threats. However, it is only a single offence.[85] Considering the objectives, principles and factors I have already canvassed, and despite capable argument from Counsel for … that a shorter period of imprisonment would be appropriate, I find that, in the circumstances of the case at hand, a sentence of at least 4 years’ imprisonment for the sexual assault is appropriate. Applying the principle of restraint, I will limit the sentence to 4 years.[89] For these reasons, I sentence … to: … 4 years’ imprisonment for the sexual assault, consecutive to any sentence he may currently be serving; and, … 9 months’ imprisonment for the unlawful confinement, to be served concurrently.
  2. R. v. J.F., 2024 NSSC 106 Court decision, Courts of Nova Scotia

publicly
Sentence Watch is part of Publicly: sites built from government and court records, with every fact linked to its source. Publicly is not affiliated with any government. Visits are counted with Google Analytics, which sets cookies.