Sexual assault, Assault
R. v. R.D.J.T.
A publication ban applies. The offender is not named.
- Below the Crown's ask
- No jail for a violent offence
Sentence and the Crown's position
A conditional sentence is served in the community, usually under house arrest. It counts as no custody here.
What the law allows
The offender was convicted after trial of sexual assault and assault of the complainant in May 2023. The Crown sought 30 months of imprisonment; the defence sought a conditional sentence. Judge Atwood imposed two years less a day to be served in the community as a conditional sentence, followed by three years of probation, finding that a community sentence would not endanger public safety and would be consistent with denunciation and deterrence.
In the judge's words
1The Court has excluded the imposition of purely probationary sentences. The Court believes that the appropriate total sentence would be a term of imprisonment two years less a day, given the statutory primacy of denunciation and deterrence.
The record
- Convicted of
- Sexual assault (CC 271)
- Assault (CC 266)
- Prior convictions
- Not recorded
- At the time of the offence
- Not stated1
- Appeal
- Not yet checked
- Counsel
- Crown: Kathryn Piché
Defence: J Patrick L Atherton
Sources
- R. v. R.D.J.T., 2026 NSPC 1 Court decision, CanLII, January 16, 2026
[4] The prosecution seeks a sentence of 30 months for the § 271 charge, a 30-day concurrent sentence for the § 266 charge, and an array of ancillary orders.
[35] Both of the charges before the Court were prosecuted indictably. [36] Neither would attract a mandatory-minimum penalty.
[70] The Court has excluded the imposition of purely probationary sentences. The Court believes that the appropriate total sentence would be a term of imprisonment two years less a day, given the statutory primacy of denunciation and deterrence.
[6] For the reasons that follow, the Court will impose a sentence of two years less a day, to be served in the community under the terms of a conditional sentence order. There will be a three-year term of probation to follow.
- R. v. R.D.J.T., 2026 NSPC 1 Court decision, Courts of Nova Scotia