Sexual assault, Assault
R. v. J.M.F.
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 three sexual assaults against three women between 2016 and 2020, including forced intercourse, and of one common assault. The Crown sought a total of seven years in custody; the defence proposed 24 months in custody followed by a 17-month conditional sentence. Justice Arnold imposed four years (48 months) in custody, reducing the total for four years on strict release conditions and a Charter breach, and found a sentence in the community inappropriate given the need for denunciation and deterrence.
In the judge's words
1Considering the purposes and principles of sentencing, a sentence in the community is simply not appropriate for … especially taking into account the need for denunciation and deterrence as set out in the Criminal Code and the directions of the Supreme Court in Friesen.
The record
- Convicted of
- Sexual assault (CC 271, 3 counts)
- Assault (CC 266)
- Prior convictions
- Not recorded
- At the time of the offence
- Not stated1
- Appeal
- Not yet checked
- Counsel
- Crown: Robert Kennedy
Defence: Zeb Brown
Sources
- R. v. J.M.F., 2024 NSSC 211 Court decision, CanLII, July 16, 2024
[1] … The Crown suggests that a total sentence of seven (7) years in custody is the appropriate disposition
[77] Considering the purposes and principles of sentencing, a sentence in the community is simply not appropriate for … especially taking into account the need for denunciation and deterrence as set out in the Criminal Code and the directions of the Supreme Court in Friesen.
[121] … is sentenced to 48 months, or four-years, in custody going forward.
- Criminal Code, s. 271 Record, Justice Laws Website
- R. v. J.M.F., 2024 NSSC 211 Court decision, Courts of Nova Scotia