Obtaining sexual services for consideration from a person under 18

R v Mahar

  • Below the Crown's ask

Sentence and the Crown's position

Crown asked6 years in custody1
Judge imposed4.5 years' imprisonment (27 months on each of two counts, consecutive), less 26 days' remand credit1
19 months less custody than the Crown asked

What the law allows

Maximum14 years
Crown asked6 years in custody
Judge imposed54 months in custody
Defence asked30 months in custody
Minimum6 months
For obtaining sexual services for consideration from a person under 18 (CC 286.1(2)), the Criminal Code currently allows up to 14 years, with a mandatory minimum of 6 months. The sentence imposed is 32% of the maximum. Read the section.

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

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.

1

The record

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

  1. 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.
  2. R v Mahar, 2025 NSSC 399 Court decision, Courts of Nova Scotia

publicly
Sentence Watch is part of Publicly: sites built from government and court records, with every fact linked to its source. Publicly is not affiliated with any government. Visits are counted with Google Analytics, which sets cookies.