Sexual assault with a weapon, threats to a third party or causing bodily harm
R. v. A.M.M.
A publication ban applies. The offender is not named.
Sentence and the Crown's position
What the law allows
The offender was convicted after trial of sexual assault causing bodily harm and of choking the complainant while committing a sexual assault, for an April 2024 assault in Dartmouth. The Crown sought five years in custody and the defence two to three years followed by probation. Judge Daley imposed five years on each count, concurrent, finding the sentence within the range for similar offences and noting the offender's youth, lack of a record and prospects for rehabilitation.
In the judge's words
1This sentence reflects the necessity of separating him from society and that there are no other sentencing options available to the court that would satisfy the purpose and principles of sentencing.
The record
Sources
- R. v. A.M.M., 2026 NSPC 8 Court decision, CanLII, February 19, 2026
[52] The Crown recommends a sentence as follows: 1. A term of incarceration of five years for each offense to be served concurrently;
[53] The Defence recommends the following: 1. A term of incarceration between two to three years followed by a period of probation;
[89] There are several mitigating factors present as well. The first among the these is that Mr. … has no prior criminal record.
[120] This sentence reflects the necessity of separating him from society and that there are no other sentencing options available to the court that would satisfy the purpose and principles of sentencing.
[121] Therefore, I sentence you, … to of term of incarceration of five years for each of the offences of sexual assault causing bodily harm contrary to section 272.1(c) and while committing a sexual assault did choke, suffocate or strangle … [122] Considering the principles of totality and restraint, I order that these sentences will run concurrently.
- Criminal Code, s. 272 Record, Justice Laws Website
- R. v. A.M.M., 2026 NSPC 8 Court decision, Courts of Nova Scotia