Sexual interference, Breach of a release order
R v BB
A publication ban applies. The offender is not named.
- Below the Crown's ask
Sentence and the Crown's position
Crown asked10 years in custody1
Judge imposed7 years and 1 month custody before 29 months credit for pre-sentence custody (1,704 days left to serve)1
1065 days less custody than the Crown asked
What the law allows
Maximum14 years
Crown asked10 years in custody
Judge imposed7 years and 1 month in custody
Defence asked4 years in custody
Minimum1 year struck down
An adult offender pleaded guilty to sexual interference with a child, committed over almost two years while in a position of trust, and to breaching his bail by contacting the victim. The Crown sought ten years in custody and the defence four to five years. Judge Duffy imposed seven years and one month, finding the offence at the higher end of the range and accounting for the guilty pleas and lack of a criminal record.
In the judge's words
1The harm to the victim is tremendous and ongoing. I characterize the seriousness of the offence at the higher end of the range for sexual interference cases.
The record
- Convicted of
- Sexual interference (CC 151)
- Breach of a release order (CC 145(5))
- Prior convictions
- 0 prior convictions1
- At the time of the offence
- Not stated1
- Defence asked for
- 4 years in custody1
- Mandatory minimum
- Found unconstitutional or not applied under a binding ruling1
- Appeal
- Not yet checked
- Counsel
- Crown: Emma Woodburn
Defence: Joshua Nodelman
Sources
- R v BB, 2026 NSPC 34 Court decision, CanLII, July 21, 2026
[6] The Crown recommended ten years in custody.
[7] The Defence recommended four-to-five years.
[131] Our Court of Appeal held that the statutory one-year minimum sentence for sexual interference prosecuted by way of indictment was unconstitutional and rendered inoperative in R v Hood, 2018 NSCA 18.
[145] In formulating an appropriate sentence, I account for the offender�s guilty pleas and his lack of a criminal record.
[143] The harm to the victim is tremendous and ongoing. I characterize the seriousness of the offence at the higher end of the range for sexual interference cases.
[156] The disposition on sentence is seven years and one month of custody. In accordance with s. 719(3.3) Code, the warrant of committal will be endorsed to record that the amount of time BB spent in custody is 587 days to date, the term of imprisonment that would have been imposed but for the remand credit is 2585 days (seven years, 30 days), the amount of time credited is 881 days, and the total sentence of the court is 1,704 days (four years, eight months, four days) in custody.
- R v BB, 2026 NSPC 34 Court decision, Courts of Nova Scotia