R. v. C.O., (2006) 397 A.R. 324 (NWTCA)

• Judge: Fruman, Veale and Ritter, JJ.A.
• Court: Court of Appeal (Northwest Territories)
• Case Date: June 28, 2006
• Jurisdiction: Northwest Territories
• Citations: (2006), 397 A.R. 324 (NWTCA)

R. v. C.O. (2006), 397 A.R. 324 (NWTCA);

      384 W.A.C. 324

MLB headnote and full text

Temp. Cite: [2006] A.R. TBEd. AU.062

Her Majesty the Queen (appellant) v. C.O. (respondent)

(A-1-AP-2006000008; 2006 NWTCA 3)

Indexed As: R. v. C.O.

Northwest Territories Court of Appeal

Fruman, Veale and Ritter, JJ.A.

June 28, 2006.

Summary:

The accused pleaded guilty to sexually assaulting his seven-year-old female relative.

The Northwest Territories Supreme Court suspended the passing of sentence and placed the accused on two years' probation. The Crown appealed.

The Northwest Territories Court of Appeal allowed the appeal. The accused was sentenced to a term of imprisonment of two years less a day.

Editor's note: Certain names in the following case have been initialized or the case otherwise edited to prevent the disclosure of identities where required by law, publication ban, Maritime Law Book's editorial policy or otherwise.

Criminal Law - Topic 5705

Punishments (sentence) - Suspended sentence - Revocation of - The accused pleaded guilty to sexually assaulting his seven-year-old female relative six times over three months - The sentencing judge suspended the passing of sentence and placed the accused on probation - The Crown appealed - The Northwest Territories Court of Appeal allowed the appeal - The sentencing judge overemphasized mitigating factors, such as the early guilty plea, the accused's young age, possible fetal alcohol spectrum disorder and lack of a criminal record - While the judge considered rehabilitation to be important, the suspended sentence was not rehabilitative - While the judge noted the specific denunciatory effect that the stigma of a sexual assault conviction would have on the accused, he failed to address the general need for deterrence and denunciation which required a significant term of incarceration - The starting point for sexual assaults involving children in trust situations was four years in gaol - The repeated assaults and the very young age of the victim were aggravating factors - There were, however, many mitigating factors - The accused was sentenced to a term of imprisonment of two years less a day.

Criminal Law - Topic 5846.5

Sentencing - Considerations on imposing sentence - Sentence precedents (incl. starting point principle) - [See Criminal Law - Topic 5705 ].

Criminal Law - Topic 5848.9

Sentencing - Considerations on imposing sentence - Sexual offences against children (incl. child pornography) - [See Criminal Law - Topic 5705 ].

Criminal Law - Topic 5932

Sentence - Sexual assault - [See Criminal Law - Topic 5705 ].

Cases Noticed:

R. v. Shropshire (M.), [1995] 4 S.C.R. 227; 188 N.R. 284; 65 B.C.A.C. 37; 106 W.A.C. 37, refd to. [para. 7].

R. v. C.A.M., [1996] 1 S.C.R. 500; 194 N.R. 321; 73 B.C.A.C. 81; 120 W.A.C. 81, refd to. [para. 7].

R. v. W.B.S.; R. v. M.P. (1992), 127 A.R. 65; 20 W.A.C. 65 (C.A.), refd to. [para. 9].

R. v. B.K.K., [1995] N.W.T.J. No. 122 (S.C.), refd to. [para. 9].

R. v. J.J.W. (2004), 348 A.R. 395; 321 W.A.C. 395; 2004 ABCA 50, refd to. [para. 10].

Counsel:

Loretta Colton, for the appellant;

Dan Rideout, for the respondent.

This appeal was heard on June 28, 2006, by Fruman, Veale and Ritter, JJ.A., of the Northwest Territories Court of Appeal. Fruman, J.A., delivered the following memorandum of judgment orally for the Court of Appeal on the same date.