Obtaining sexual services for consideration from a person under 18
R v Mahar
- Below the Crown's ask
Sentence and the Crown's position
What the law allows
Shane Jason Mahar pleaded guilty to two counts of obtaining for consideration the sexual services of a person under 18, involving two 17-year-old girls in Halifax and Dartmouth in February and March 2023. The Crown sought six years and the defence 30 months. Justice Brothers found three years per count appropriate, then reduced the total for totality and imposed 27 months on each count consecutively, for 4.5 years, less 26 days' remand credit.
In the judge's words
1After considering the aggregate sentence of 6 years and despite the high moral blameworthiness of the offender, but considering the factors reviewed, I would reduce the sentence to 4.5 years. I struggled with this and considered a 5-year total sentence.
The record
- Convicted of
- Obtaining sexual services for consideration from a person under 18 (CC 286.1(2), 2 counts)
- Prior convictions
- 31 prior convictions, 4 violent1
- At the time of the offence
- Not stated1
- Defence asked for
- 30 months in custody1
- Mandatory minimum
- Applied1
- Appeal
- Not yet checked
- Counsel
- Crown: Katharine Lovett, Josie McKinney
Defence: Matthew Robert Kennedy
Sources
- R v Mahar, 2025 NSSC 399 Court decision, CanLII, December 10, 2025
[5] The Crown is seeking a total sentence of six years’ imprisonment with three years on each count to be served consecutively, after reducing their initial position for the purposes of the totality principle.
[5] … The defence argues that a sentence of 18 months’ imprisonment for each count to be served consecutively is appropriate before applying the totality principles and remand credit, which the defence argues calls for the imposition of a total sentence of 30 months’ imprisonment.
[2] The two charges under section 286.1(2) are indictable offences. The mandatory minimum penalty is six months’ incarceration; the maximum penalty is 10 years’ incarceration.
[1] On September 10, 2025, the accused, Shane Mahar, entered guilty pleas with respect to the following two charges:
[40] Mr. Mahar has a criminal record consisting of 31 prior convictions, dating from 1993 to 2021, with a gap between 2006 and 2021.
[98] After considering the aggregate sentence of 6 years and despite the high moral blameworthiness of the offender, but considering the factors reviewed, I would reduce the sentence to 4.5 years. I struggled with this and considered a 5-year total sentence.
[103] For the conviction under s. 286.1(2) in relation to … I impose a sentence of 27 months. For the conviction under s. 286.1(2), in relation to … I impose a sentence of 27 months to be served consecutively. This results in a total global sentence of 54 months or 4.5 years. From that will be a reduction of 26 days for remand credit.
- R v Mahar, 2025 NSSC 399 Court decision, Courts of Nova Scotia