R. v. L.M., 2008 SCC 31 (2008)

Extract

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R. v. L.M., 2008 SCC 31 (2008)

SUPREME COURT OF CANADA

Citation: R. v. L.M., 2008 SCC 31

Date: 20080529

Docket: 31577

Between:

Her Majesty The Queen

Appellant v.

L.M.

Respondent

Official English Translation: Reasons of LeBel J.

Coram: McLachlin C.J. and Bastarache, Binnie, LeBel, Deschamps, Fish, Abella, Charron and Rothstein JJ.

Reasons for Judgment:

(paras. 1 to 54)

Dissenting Reasons :

(paras. 55 to 70)

LeBel J. (McLachlin C.J. and Bastarache, Binnie, Deschamps, Abella, Charron and Rothstein JJ. concurring)

Fish J.

Note: This document is subject to editorial revision before its reproduction in final form in the Canada Supreme Court Reports.

______________________________

r. v. l.m.

Her Majesty The Queen Appellant v.

L.M. Respondent

Indexed as: R. v. L.M.

Neutral citation: 2008 SCC 31.

File No.: 31577.

2007: November 14; 2008: May 29.

Present: McLachlin C.J. and Bastarache, Binnie, LeBel, Deschamps, Fish, Abella, Charron and Rothstein JJ.

on appeal from the court of appeal for quebec

Criminal law - Sentencing - Maximum sentence - Accused convicted of sexually assaulting his young daughter and of making, distributing and possessing child pornography - Sentencing judge stating that accused had committed worst crime in worst circumstances and imposing maximum sentence on count of sexual assault - Principles applicable to imposition of maximum sentence - Criminal Code, R.S.C. 1985, c. C-46, ss. 718, 718.1, 718.2, 718.3.

Criminal law - Appeal against sentence - Principles applicable to intervention by appellate court in appeal against sentence.

Criminal law - Sentencing - Long-term offender - Accused convicted of sexually assaulting his young daughter and of making, distributing and possessing child pornography - Crown applying for finding that accused is long-term offender - Whether long-term offender's period of community supervision must be taken into account in determining appropriate term of imprisonment - Criminal Code, R.S.C. 1985, c. C-46, s. 753.1.

The accused was convicted of sexually assaulting his four-year-old daughter and of making, distributing and possessing child pornography. At the time of his arrest, his computer contained approximately 5,300 pornographic photographs and 540 pornographic videos involving children. Many of the photographs were either of his daughter or a friend of his daughter, or of both of them. Furthermore, this was not the first time the accused had been in trouble with the law for sexual assaults on minors. Stressing that he had committed the "worst crime in the worst circumstances", the trial judge imposed the maximum sentence of 10 years for the count of sexual assault and a consecutive sentence for the other counts, resulting in a global sentence of 15 years. Because of the record of the accused and the high risk that he would reoffend, the trial judge also found him to be a long-term offender and ordered that he be supervised in the community for a period not exceeding 10 years. On the basis that certain facts had not been proven and that the maximum sentence for sexual assault was not warranted, the majority of the Court of Appeal reduced the global sentence imposed on the accused from 15 to...

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