Obtaining sexual services for consideration from a person under 18, Possessing child sexual abuse material, Criminal harassment, Sexual assault
R. v. J.K.G.
A publication ban applies. The offender is not named.
Sentence and the Crown's position
What the law allows
J.K.G. was found guilty after trial of communicating to obtain sexual services from a person under 18, sexual assault, criminal harassment and attempting to possess child pornography, all involving a 16-year-old on one night in 2022. The Crown sought 1 to 2 years and the defence a conditional sentence. Justice Rowe dismissed a Charter challenge to the six-month mandatory minimum and imposed six months in custody, a consecutive six-month conditional sentence and one year of probation, finding a conditional sentence on the sexual assault and harassment counts would not deter or denounce.
In the judge's words
1A conditional sentence on the sexual assault and harassment charges involving a child would not be appropriate in the circumstances. It would do little to achieve a deterrent effect for J.K.G. and for others in the community who might consider his actions, and potentially their own, in relation to sexual advances on youth in our community and it is not acceptable.
The record
- Convicted of
- Obtaining sexual services for consideration from a person under 18 (CC 286.1(2))
- Possessing child sexual abuse material (CC 163.1(4))
- Criminal harassment (CC 264)
- Sexual assault (CC 271)
- Prior convictions
- 0 prior convictions1
- At the time of the offence
- Not stated1
- Mandatory minimum
- Applied1
- Appeal
- Not yet checked
- Counsel
- Crown: Alicia Kennedy, Scott Morrison
Defence: Michael Power, K.C.
Sources
- R. v. J.K.G., 2024 NSSC 286 Court decision, CanLII, July 10, 2024
[114] The Court has addressed the submissions concerning s. 286.1(2). The mandatory minimum will be applied in this case.
[20] J.K.G. has no prior criminal record.
[121] A conditional sentence on the sexual assault and harassment charges involving a child would not be appropriate in the circumstances. It would do little to achieve a deterrent effect for J.K.G. and for others in the community who might consider his actions, and potentially their own, in relation to sexual advances on youth in our community and it is not acceptable.
[127] For the foregoing reasons, the Court has determined sentence shall be imposed as follows: … In regard to the s. 286.1(2) offence, there is a term of imprisonment for the mandatory minimum of 6 months; … For the offences of s. 271 and s. 246(2), there is a term of imprisonment of 6 months to be served concurrently; … On the s. 163.1(4) offence, a Conditional Sentence Order in the amount of 6 months will be imposed and served consecutively, with the following terms: … Probation, thereafter, for a term of one year is ordered
- R. v. J.K.G., 2024 NSSC 286 Court decision, Courts of Nova Scotia