R. v. Barrett, (1985) 68 N.S.R.(2d) 280 (ProvCt)

• Judge: Curran, J.
• Court: Provincial Court of Nova Scotia (Canada)
• Case Date: May 01, 1985
• Jurisdiction: Nova Scotia
• Citations: (1985), 68 N.S.R.(2d) 280 (ProvCt)

R. v. Barrett (1985), 68 N.S.R.(2d) 280 (ProvCt);

    159 A.P.R. 280

MLB headnote and full text

R. v. Barrett

Indexed As: R. v. Barrett

Nova Scotia Provincial Court

Curran, J.

May 1, 1985.

Summary:

The accused pleaded guilty to committing gross indecency with a male teen-aged relative contrary to s. 157 of the Criminal Code of Canada, R.S.C. 1970, c. C-34.

The Nova Scotia Provincial Court sentenced the accused to serve one year in the County Correctional Center followed by three years probation. Concurrent psychiatric counselling and treatment were also ordered.

Criminal Law - Topic 697

Sexual offences, public morals and disorderly conduct - Sexual offences - Particular offences - Gross indecency - The Nova Scotia Supreme Court held that acts of masturbation committed by the accused with a male teen-aged relative over a period of more than two years constituted acts of gross indecency contrary to s. 157 of the Criminal Code of Canada - See paragraphs 1 and 2.

Criminal Law - Topic 5848.9

Sentencing - Considerations on imposing sentence - Sexual offences against children - An accused committed acts of gross indecency, in the form of masturbation, with a teenaged relative - The Nova Scotia Provincial Court discussed, in detail, the various factors to be considered in sentencing persons for sexual offences committed against children - See paragraphs 3 to 17.

Criminal Law - Topic 5905

Sentence - Gross indecency - An adult male was convicted of gross indecency by masturbation with a male teen-aged relative contrary to s. 157 of the Criminal Code of Canada - The Nova Scotia Provincial Court sentenced the accused to one year in a County Correctional Center followed by three years probation - Concurrent psychiatric counselling and treatment were also ordered - See paragraph 17.

Cases Noticed:

R. v. Goler (1985), 67 N.S.R.(2d) 200; 155 A.P.R. 200, dist. [para. 14].

Statutes Noticed:

Criminal Code of Canada, R.S.C. 1970, c. C-34, sect. 157 [paras. 1, 3].

Authors and Works Noticed:

Canadian Sentencing Digest [paras. 5, 11].

Counsel:

Jane Greig, for the Crown;

James MacLean, for Keith Milfred Barrett.

This case was heard in Lower Sackville, Halifax, County, Nova Scotia, before Curran, J., of the Nova Scotia Provincial Court, who delivered the following oral decision on May 1, 1985.