Publishing an intimate image without consent

R. v. MN

A publication ban applies. The offender is not named.

  • Below the Crown's ask

Sentence and the Crown's position

Crown asked6 months in custody1
Judge imposed5 months in custody, then 2 years probation1
30 days less custody than the Crown asked

What the law allows

Maximum10 years
Crown asked6 months in custody
Judge imposed150 days in custody
Defence asked1 year conditional sentence
For publishing an intimate image without consent (CC 162.1), the Criminal Code currently allows up to 10 years when the Crown proceeds by indictment, with no mandatory minimum. The sentence imposed is 4% of the maximum. Read the section.

The offender pleaded guilty to publishing intimate images of the complainant without consent, distributing them online to many people over several months. The Crown sought six to eight months in jail; the defence sought a 12 to 15 month conditional sentence. Judge Driscoll imposed 5 months in custody followed by two years of probation, finding that a conditional sentence could not provide the denunciation and deterrence the facts required. She cited the guilty plea and lack of a record as reasons the sentence was not longer.

In the judge's words

In all the circumstances, I am not satisfied that a CSO, even a lengthy one with punitive conditions, can provide the strong message of denunciation and deterrence that these facts require.

1

The record

Prior convictions
0 prior convictions1
At the time of the offence
Not stated1
Defence asked for
1 year conditional sentence1
Appeal
Not yet checked
Counsel
Crown: Kevin Nightingale
Defence: Carbo Kwan

Sources

  1. R. v. MN, 2026 NSPC 28 Court decision, CanLII, June 3, 2026[25] The Crown seeks a sentence of six to eight months in jail, a two-year probation order, an order pursuant to s. 162.2(1) of the Criminal Code and a ten-year SOIRA order.[26] The Defence takes no position with regards to the SOIRA order, and didn’t oppose the 162.2 order. They seek a longer sentence of incarceration to be served as a twelve to fifteen month Conditional Sentence Order.[44] A conditional sentence has statutory pre-requisites that are met here. There is no minimal term of imprisonment, and the Crown does not seek a sentence of two years or more.[29] Lack of record - the accused does not have a criminal record[58] In all the circumstances, I am not satisfied that a CSO, even a lengthy one with punitive conditions, can provide the strong message of denunciation and deterrence that these facts require.[58] In all the circumstances, I am not satisfied that a CSO, even a lengthy one with punitive conditions, can provide the strong message of denunciation and deterrence that these facts require. … Because of those factors the sentence will be 5 months in an institution plus two years probation.
  2. R. v. MN, 2026 NSPC 28 Court decision, Courts of Nova Scotia

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