Sexual interference, Incest, Exposure to a person under 16, Forcible confinement
R. v. Z.A.
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 imposed8 years in a federal penitentiary (10 years for incest reduced to 8 for totality; other counts concurrent)1
2 years less custody than the Crown asked
What the law allows
Maximum14 years
Crown asked10 years in custody
Judge imposed8 years in custody
Defence asked6 years in custody
Minimum1 year
The offender was found guilty after trial of incest, sexual interference, an indecent act and unlawful confinement for repeatedly sexually abusing a child between 2013 and 2015. The Crown sought 10 to 12 years; the defence sought six years. Justice Russell set 10 years for incest with the other counts concurrent, then reduced the global sentence to eight years for totality and restraint, citing the offender's lack of a prior record and otherwise prosocial life.
In the judge's words
1Nonetheless the proportionality analysis in this case calls for, and indeed requires, a significant federal term of imprisonment.
The record
- Convicted of
- Sexual interference (CC 151)
- Incest (CC 155)
- Exposure to a person under 16 (CC 173(2))
- Forcible confinement (CC 279(2))
- Prior convictions
- 0 prior convictions1
- At the time of the offence
- Not stated1
- Defence asked for
- 6 years in custody1
- Appeal
- Not yet checked
- Counsel
- Crown: Sandee Smordin
Defence: Kenneth C. Greer, K.C.
Sources
- R. v. Z.A., 2026 NSSC 163 Court decision, CanLII, May 8, 2026
[20] The Crown’s original position was for a global sentence of nine to ten years. However, at the hearing, and in light of the Supreme Court of Canada’s recent decision of R. v. Sheppard, 2025 SCC 29, this position has now shifted to ten to twelve years.
[23] … He submits that post Friesen, the appropriate sentencing range for this offender and this offence is five to nine years custody, with a fit sentence being six years.
[12] Mr. Z.A. is 47 years old and has no prior record.
[75] … Nonetheless the proportionality analysis in this case calls for, and indeed requires, a significant federal term of imprisonment.
[77] Sentence for the three counts under sections 151, 173(2), and 279(2) will be concurrent to the 10 year sentence for incest contrary to section 155. … [78] … Applying totality and restraint, I reduce the ten-year sentence to one of eight years. Eight years in a federal penitentiary is no more than is necessary to properly reflect the principles of sentencing.
- R. v. Z.A., 2026 NSSC 163 Court decision, Courts of Nova Scotia