R. v. C.B.K., (2015) 356 N.S.R.(2d) 190 (SC)

Judge:Gogan, J.
Court:Supreme Court of Nova Scotia
Case Date:February 24, 2015
Jurisdiction:Nova Scotia
Citations:(2015), 356 N.S.R.(2d) 190 (SC);2015 NSSC 62
 
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R. v. C.B.K. (2015), 356 N.S.R.(2d) 190 (SC);

    1126 A.P.R. 190

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Temp. Cite: [2015] N.S.R.(2d) TBEd. MR.023

Her Majesty the Queen v. C.B.K.

(Syd. No. 425656; 425663; 2015 NSSC 62)

Indexed As: R. v. C.B.K.

Nova Scotia Supreme Court

Gogan, J.

February 24, 2015.

Summary:

The 26 year old accused, in a judgment reported [2014] N.S.R.(2d) Uned. 286, was convicted of sexual assault, unlawful confinement, assault causing bodily harm, uttering a death threat, uttering a threat to damage property, and theft. The victim was the woman the accused had a recently terminated relationship with. The offences resulted from the accused's jealousy.

The Nova Scotia Supreme Court sentenced the accused to three years' imprisonment for sexual assault, one year's imprisonment (consecutive) for assault causing bodily harm, one year's imprisonment (concurrent) for unlawful confinement, six months' imprisonment (consecutive) for the death threat, six months' imprisonment (concurrent) for the threat to damage property and six months' imprisonment (concurrent) for theft, for a total sentence of 4.5 years' imprisonment. After 525 days' credit for remand time on a 1.5 to 1.0 basis, the sentence left to be served was three years and 23 days.

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 5831.9

Sentencing - Considerations on imposing sentence - Domestic violence - [See Criminal Law - Topic 5932 ].

Criminal Law - Topic 5854

Sentence - Theft - [See Criminal Law - Topic 5932 ].

Criminal Law - Topic 5868

Sentence - Forcible confinement or seizure - [See Criminal Law - Topic 5932 ].

Criminal Law - Topic 5883

Sentence - Assault with a weapon or assault causing bodily harm - [See Criminal Law - Topic 5932 ].

Criminal Law - Topic 5895

Sentence - Threats - [See Criminal Law - Topic 5932 ].

Criminal Law - Topic 5932

Sentence - Sexual assault - The 26 year old accused was convicted of sexual assault, unlawful confinement, assault causing bodily harm, uttering a death threat, uttering a threat to damage property, and theft - The victim was the woman the accused had a recently terminated relationship with (i.e., domestic violence case) - The accused, in a jealous rage, held the woman overnight in her home - He beat her, had nonconsensual sex with her, stole money from her, and made threats - The accused admitted anger issues - He expressed remorse and took responsibility for the offences except for sexual assault, which he continued to deny - The accused had a significant criminal record dating from 2010, including breaching court orders, threats to cause death or bodily harm, criminal harassment, assault, assault with a weapon, assault causing bodily harm, and unlawful confinement - The accused had access to, but failed to take advantage of, programs for substance abuse and anger management - He had 30 disciplinary offences while in custody - The accused showed an escalating history of violence towards domestic partners and general disrespect for the law - He was a danger to women - The pre-sentence report assessed the accused as a high risk to re-offend - The Crown sought a global sentence of 6-7 years' imprisonment - The accused sought a "go forward" sentence of two years' imprisonment after 1.5 to 1.0 credit for remand time - The Nova Scotia Supreme Court sentenced the accused to three years' imprisonment for sexual assault, one year's imprisonment (consecutive) for assault causing bodily harm, one year's imprisonment (concurrent) for unlawful confinement, six months' imprisonment (consecutive) for the death threat, six months' imprisonment (concurrent) for the threat to damage property and six months' imprisonment (concurrent) for theft, for a total sentence of 4.5 years' imprisonment - After 525 days' credit for remand time on a 1.5 to 1.0 basis, the sentence left to be served was three years and 23 days.

Criminal Law - Topic 5943

Sentence - Uttering threats to damage property - [See Criminal Law - Topic 5932 ].

Cases Noticed:

R. v. Howe (L.D.) (2014), 350 N.S.R.(2d) 149; 1105 A.P.R. 149; 2014 CarswellNS 722, refd to. [para. 25].

R. v. J.J.W. (2012), 321 N.S.R.(2d) 298; 1018 A.P.R. 298; 2012 CarswellNS 699, refd to. [para. 27].

R. v. Dennis (G.J.), [2013] N.S.R.(2d) Uned. 253; 2013 CarswellNS 793, refd to. [para. 29].

R. v. Kennedy, [2013] N.J. No. 113 (T.D.), refd to. [para. 29].

R. v. Martin, 2014 ONSC 973, refd to. [para. 30].

R. v. Nelson (K.), [2012] O.T.C. Uned. 4248; 2012 ONSC 4248, refd to. [para. 31].

R. v. McCraw (1991), 128 N.R. 299; 49 O.A.C. 47, refd to. [para. 32].

R. v. Lemoine (C.C.) (2014), 345 N.S.R.(2d) 19; 1092 A.P.R. 19; 2014 NSPC 49, dist. [para. 33].

R. v. Wournell (C.D.), [2014] N.S.R.(2d) Uned. 163; 2014 NSSC 305, dist. [para. 33].

R. v. Field (J.W.), [2013] N.S.R.(2d) Uned. 148; 2013 NSPC 51, refd to. [para. 38].

Counsel:

Mark Gouthro, for the Crown;

Darlene MacRury, for the accused.

This matter was heard on October 21-23 and 31, 2014, and February 3 and 24, 2015, at Sydney, N.S., before Gogan, J., of the Nova Scotia Supreme Court, who delivered the following judgment orally on February 24, 2015, with written reasons released on March 5, 2015.

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