Sexual interference, Breach of a probation order, Resisting or obstructing a peace officer
R. v. C.F.
A publication ban applies. The offender is not named.
- Below the Crown's ask
- On release at the time
Sentence and the Crown's position
What the law allows
The offender was found guilty after trial of sexual interference for touching a 10-year-old child in a store, and pleaded guilty to resisting a peace officer and breaching a probation order. The Crown sought three years for the sexual interference plus three months consecutive on each of the other two offences; the defence sought 15 months to two years less a day. Judge Daley imposed three years' incarceration with the other sentences concurrent, less 501 days of credit, finding that denunciation and deterrence were primary given his recent conviction for a nearly identical offence.
In the judge's words
1Finally, when considering section 718 of the Criminal Code which identifies the fundamental purpose of sentencing, I find that the principles of denunciation and deterrence are primary for the court's consideration in this matter, consistent with the Criminal Code and the jurisprudence noted earlier. His committing this offense shortly after being released after a period of incarceration for a very similar offence indicates to the court that, at least at this time, his prospects for rehabilitation are minimal.
The record
- Convicted of
- Sexual interference (CC 151)
- Breach of a probation order (CC 733.1)
- Resisting or obstructing a peace officer (CC 129(a))
- Prior convictions
- Not recorded
- At the time of the offence
- On probation1
- Defence asked for
- 15 months in custody1
- Appeal
- Not yet checked
- Counsel
- Crown: Michael Blanchard
Defence: Drew Rogers
Sources
- R. v. C.F., 2026 NSPC 14 Court decision, CanLII, January 16, 2026
[10] The Crown recommends the following sentence: … Three years incarceration for the section 151 offence of sexual interference; … Three months incarceration for the section 129(a) offence of resisting a peace officer, this sentence to run consecutive to the three-year term of imprisonment; … Three months incarceration for the section 733.1 (1) offence of a breach of Probation Order to run consecutive to the three-year term of imprisonment;
[11] Defence recommends the following sentence: … A total period of incarceration of 15 months to 24 months less a day;
[44] It is aggravating that at the time of this these offences, he was bound by a Probation Order and an Order under section 161 of the Criminal Code and has pled guilty to the breach of the Probation Order in this matter.
Finally, when considering section 718 of the Criminal Code which identifies the fundamental purpose of sentencing, I find that the principles of denunciation and deterrence are primary for the court's consideration in this matter, consistent with the Criminal Code and the jurisprudence noted earlier. His committing this offense shortly after being released after a period of incarceration for a very similar offence indicates to the court that, at least at this time, his prospects for rehabilitation are minimal.
[58] I therefore sentence … as follows: … Three years incarceration for the section 151 offence of sexual interference; … Three months incarceration for the section 129(a) offence of resisting a peace officer, this sentence to run concurrent to the three-year term of imprisonment; … He has been in detention for 334 days and will receive 501 days of enhanced credit. His total sentence of 3 years totals 1,095 days and with the enhanced credit of 501 days, he will serve a further 594 days (1095-501=594).
- R. v. C.F., 2026 NSPC 14 Court decision, Courts of Nova Scotia