R. v. A., (1986) 68 A.R. 84 (NWTCA)

• Judge: Laycraft, C.J.A., Lieberman, J.A. and Marshall, J.
• Court: Court of Appeal (Northwest Territories)
• Case Date: January 22, 1986
• Jurisdiction: Northwest Territories
• Citations: (1986), 68 A.R. 84 (NWTCA)

R. v. A. (1986), 68 A.R. 84 (NWTCA)

MLB headnote and full text

R. v. A.

(No. NWT. C.A. 591)

Indexed As: R. v. A.

Northwest Territories Court of Appeal

Laycraft, C.J.A., Lieberman, J.A. and Marshall, J.

January 22, 1986.

Summary:

The accused pleaded guilty to sexual assault contrary to s. 246.1 of the Criminal Code of Canada and was sentenced to nine months' imprisonment plus one year's probation. The accused committed three acts of sexual intercourse with his 15 year old stepdaughter. The Crown appealed against sentence.

The Northwest Territories Court of Appeal allowed the appeal and increased the sentence to imprisonment for two years less a day, plus one year's probation.

Criminal Law - Topic 5932

Sentence - Sexual assault - Criminal Code of Canada, R.S.C. 1970, c. C-34, s. 246.1 - Accused committed three acts of sexual intercourse with his 15 year old stepdaughter over a two month period - No violence - Well educated - No criminal record - No psychological damage, although stepdaughter no longer living with the family - The Northwest Territories Court of Appeal increased the accused's sentence from nine months' imprisonment plus one year's probation to imprisonment for two years less a day plus one year's probation.

Statutes Noticed:

Criminal Code of Canada, R.S.C. 1970, c. C-34, sect. 246.1 [para. 1].

Counsel:

James D. Sutton, for the Crown;

Leslie E. Erickson, for the accused.

This appeal was heard before Laycraft, C.J.A., Lieberman, J.A., and Marshall, J., of the Northwest Territories Court of Appeal.

On January 22, 1986, Lieberman, J.A., delivered the following judgment orally for the Court of Appeal.