Failure to comply with a sex offender registration order

R. v. Keddy

Sentence and the Crown's position

Crown asked90 days in custody1
Judge imposed90 days in custody, straight time1

What the law allows

Maximum2 years
Crown asked90 days in custody
Judge imposed90 days in custody
Defence asked90 days in custody
For failure to comply with a sex offender registration order (CC 490.031), the Criminal Code currently allows up to 2 years when the Crown proceeds by indictment, with no mandatory minimum. The sentence imposed is 12% of the maximum. Read the section.

Ian Gerald Keddy was found guilty after trial of failing to comply with a sex offender registration order, his second conviction for failing to report. The Crown sought 3 to 4 months of straight time and the defence a 90-day intermittent sentence. Judge Daley imposed 90 days of incarceration on a straight time basis, finding that specific deterrence required a period of true custody.

In the judge's words

While I agree that the step principle does apply, I do not agree that the appropriate remedy is an intermittent sentence. I find that a period of true custody is required in these circumstances.

1

The record

Prior convictions
3 prior convictions1
At the time of the offence
Not stated1
Defence asked for
90 days in custody1
Appeal
Not yet checked
Counsel
Crown: Katherine Lovett
Defence: Bruce Muir

Sources

  1. R. v. Keddy, 2026 NSPC 36 Court decision, CanLII, July 28, 2026[13] The Crown seeks a period of incarceration of 3 to 4 months of straight time.[14] The Defence seeks a 90-day sentence to be served intermittently and that Mr. Keddy be placed on probation when he is not in confinement pursuant to that intermittent sentence.[1] This is the sentencing decision regarding Ian Gerald Keddy, who was charged with the following offence:[33] … He was convicted of voyeurism and possession of child pornography, and the general facts of the allegations were entered on the record. … [35] As noted earlier in this decision, he was then charged with a failure to comply with the SOIRA Order, specifically failure to report, on October 20, 2022, was convicted and was sentenced on January 30, 2024.[44] While I agree that the step principle does apply, I do not agree that the appropriate remedy is an intermittent sentence. I find that a period of true custody is required in these circumstances.[50] I therefore sentence Mr. Keddy to a period of incarceration of 90 days on a straight time basis.
  2. Criminal Code, s. 490.031 Record, Justice Laws Website
  3. R. v. Keddy, 2026 NSPC 36 Court decision, Courts of Nova Scotia

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