Sexual interference
R. v. J.D.C.
A publication ban applies. The offender is not named.
Sentence and the Crown's position
What the law allows
The offender was found guilty after trial of sexual interference and sexual assault for abusing a child in his care over roughly three years, from when she was 11 until she was 14; the sexual assault conviction was stayed under the Kienapple principle. The Crown sought seven years and the defence four to five years. Justice Gogan imposed seven years in custody, placing considerable weight on the victim's age, the abuse of trust, and the duration and frequency of the abuse.
In the judge's words
1I return to what I will call the Freisen factors and place considerable weight on the age of the victim, the abuse of trust, the duration and frequency of the abuse, and the egregious physical interference. There is a high degree of inherent harm as well as lasting psychological trauma. The conduct was grave and the offender’s responsibility very high.
The record
- Convicted of
- Sexual interference (CC 151)
- Prior convictions
- Not recorded
- At the time of the offence
- Not stated1
- Defence asked for
- 4 years in custody1
- Appeal
- Not yet checked
- Counsel
- Crown: Bronte Fudge-Lucas
Defence: Nash Brogan
Sources
- R. v. J.D.C., 2024 NSSC 47 Court decision, CanLII, February 16, 2024
[20] The Crown submits that the circumstances of the offences are extremely aggravating, and a fit sentence must emphasize denunciation and deterrence. It seeks a 7-year sentence.
[22] The offender submits a 4–5 year sentence is appropriate and reflects a proper balancing of the sentencing principles.
[44] No two cases are exactly the same. I return to what I will call the Freisen factors and place considerable weight on the age of the victim, the abuse of trust, the duration and frequency of the abuse, and the egregious physical interference. There is a high degree of inherent harm as well as lasting psychological trauma. The conduct was grave and the offender’s responsibility very high.
[46] For the offence contrary to s. 151(a) of the Criminal Code of Canada - I impose a custodial sentence of 7 years.
- R. v. J.D.C., 2024 NSSC 47 Court decision, Courts of Nova Scotia