Sexual exploitation of a young person, Sexual assault
R. v. S.O.
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 exploitation and sexual assault of a young person in the summer of 2013. The Crown sought five years' imprisonment; the defence relied on a range of three to five years. Justice Murray imposed four years, finding the betrayal of trust and the harm to the victim grave but treating the offender's lack of a criminal record as mitigating and leaving some room for rehabilitation.
In the judge's words
1While denunciation and deterrence are factors that must be elevated, I am satisfied that a four (4) year sentence best reflects those principles, leaving some room for Mr. O.’s rehabilitation, which I do take from the letters provided.
The record
- Convicted of
- Sexual exploitation of a young person (CC 153)
- Sexual assault (CC 271)
- Prior convictions
- 0 prior convictions1
- At the time of the offence
- Not stated1
- Appeal
- Not yet checked
- Counsel
- Crown: Bronte Fudge-Lucas
Defence: Tony Mozvik, K.C.
Sources
- R. v. S.O., 2024 NSSC 140 Court decision, CanLII, April 25, 2024
[39] The Crown’s sentencing recommendation in this case is that the Defendant serve a period of imprisonment of 5 years.
[4] The penalties for these offences in the year 2013 were 10 years for each offence with no minimum punishment.
[72] Mr. O. has no criminal record.
[77] While denunciation and deterrence are factors that must be elevated, I am satisfied that a four (4) year sentence best reflects those principles, leaving some room for Mr. O.’s rehabilitation, which I do take from the letters provided.
[79] I find the appropriate sentence having regard to the principles of sentencing to be 4 years of incarceration to be served by the Defendant.
- R. v. S.O., 2024 NSSC 140 Court decision, Courts of Nova Scotia