R. v. C.N.T., (2015) 363 N.S.R.(2d) 139 (PC)
| Judge | Atwood, P.C.J. |
| Court | Provincial Court of Nova Scotia (Canada) |
| Case Date | July 08, 2015 |
| Jurisdiction | Nova Scotia |
| Citations | (2015), 363 N.S.R.(2d) 139 (PC);2015 NSPC 43 |
R. v. C.N.T. (2015), 363 N.S.R.(2d) 139 (PC);
1143 A.P.R. 139
MLB headnote and full text
Temp. Cite: [2015] N.S.R.(2d) TBEd. JL.028
Her Majesty the Queen v. C.N.T.
(2803709; 2803710; 2811757; 2015 NSPC 43)
Indexed As: R. v. C.N.T.
Nova Scotia Provincial Court
Atwood, P.C.J.
July 8, 2015.
Summary:
Police stopped 14 year old C.N.T. and a friend in the act of rifling through unlocked cars. On a smartphone seized from C.N.T., investigators found images of young female acquaintances of C.N.T.'s, aging in range from 14 to 16 years old, in sexually explicit poses. The victims said that C.N.T. had coaxed them to take sexualized "selfies" and send them to him. There were other child-pornographic images found on C.N.T.'s smartphone which police were unable to identify. C.N.T. was charged with possessing child pornography. That charge proceeded indictably. He was also charged with thefts from vehicles. Those charges proceeded summarily. C.N.T. pled guilty to all charges.
The Nova Scotia Provincial Court held that a period of six months of deferred custody was appropriate for the possession of child pornography charge. The deferred custody term would be followed by 12 months' probation, and that would apply to the two theft charges as well. The court ordered forfeiture of C.M.T.'s smartphone, granted a DNA collection order and issued a five-year prohibition order under s. 51(2) Youth Criminal Justice Act.
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 5834.2
Sentencing - Considerations on imposing sentence - Effect on victim - [See Criminal Law - Topic 5874 ].
Criminal Law - Topic 5836
Sentencing - Considerations on imposing sentence - Deterrence - Prevalence of similar crime - [See Criminal Law - Topic 5874 ].
Criminal Law - Topic 5848.9
Sentencing - Considerations on imposing sentence - Sexual offences against children - [See Criminal Law - Topic 5874 ].
Criminal Law - Topic 5874
Sentence - Manufacture, distribution or possession of obscene matter (incl. child pornography) - Police stopped 14 year old C.N.T. and a friend in the act of rifling through unlocked cars - On a smartphone seized from C.N.T., investigators found images of young female acquaintances of C.N.T.'s, aging in range from 14 to 16 years old, in sexually explicit poses - The victims said that C.N.T. had coaxed them to take sexualized "selfies" and send them to him - There were other child-pornographic images found on C.N.T.'s smartphone which police were unable to identify - C.N.T. was charged with possessing child pornography (proceeded indictably) - He was also charged with thefts from vehicles (proceeded summarily) - C.N.T. pled guilty to all charges - The Nova Scotia Provincial Court held that "bodily harm" in the definition of "violent offence" in s. 2(c) of the Youth Criminal Justice Act (YCJA) encompassed psychological harm - The court concluded that what C.N.T. did was a violent offence within the context of s. 39(1)(c) of the YCJA, so as to make C.N.T. potentially liable to a custodial sentence - Considering the relevant sentencing principles, and taking into account the prevalence of this type of crime in this community, the court held that a community based sentence would not effectively deter the scourge of this type of crime - A period of custody was the only meaningful option given that this was a serious crime with serious impact on the victims - However, given the fact that C.N.T. pled guilty, did not have a prior record, appeared to have insight into the harm that he caused, and had a loving family that would support his counselling efforts, the court concluded that a period of six months of deferred custody would be appropriate for the child pornography charge - The deferred custody term would be followed by 12 months' probation, and that would apply to the two theft charges as well - The court ordered forfeiture of C.M.T.'s smartphone, granted a DNA collection order and issued a five-year prohibition order under s. 51(2) YCJA.
Criminal Law - Topic 8806
Young offenders - Decisions (incl. punishments) - Sentencing considerations - [See Criminal Law - Topic 5874 ].
Criminal Law - Topic 8817.2
Young offenders - Decisions (incl. punishments) - Deferred custody and supervision order - [See Criminal Law - Topic 5874 ].
Criminal Law - Topic 8817.4
Young offenders - Decisions (incl. punishments) - Custody - Violent offences - [See Criminal Law - Topic 5874 ].
Cases Noticed:
R. v. McKenna (R.B.), [2014] N.S.R.(2d) Uned. 263; 2014 NSPC 99, affd. [2015] N.S.R.(2d) Uned. 89; 2015 NSCA 58, refd to. [para. 2, footnote 1].
A.B. v. Bragg Communications Inc. et al. (2012), 434 N.R. 323; 322 N.S.R(2d) 1; 1021 A.P.R. 1; 2012 SCC 46, refd to. [para. 10, footnote 4].
R. v. C.D., [2005] 3 S.C.R. 668; 343 N.R. 1; 376 A.R. 258; 360 W.A.C. 258; 2005 SCC 78, refd to. [para. 13, footnote 7].
R. v. Stewart (D.G.) (2013), 332 N.S.R.(2d) 336; 1052 A.P.R. 336; 2013 NSPC 64, refd to. [para. 14, footnote 8].
R. v. MacDonald, 2012 NSPC 132, refd to. [para. 24, footnote 10].
Statutes Noticed:
Youth Criminal Justice Act, S.C. 2002, c. 1, sect. 2 [para. 5]; sect. 39(1)(c) [para. 4].
Authors and Works Noticed:
Australia, Joint Select Committee on Cyber-Safety, Parliament of Austalia, High Wire Act: Cyber Safety and the Young, Interim Report (June 2011), p. 136 [para. 11, footnote 5].
Drouin, Michelle, Ross, Jody, and Tobin, Elizabeth, Sexting: A new, digital vehicle for intimate partner aggression? (2015), 50 Computers in Human Behaviour 197, generally [para. 11, footnote 6].
Klettke, Bianca, Hallford, David J., and Mellor, David J., Sexting prevalence and correlates: A systematic literature review (2014), 34 Clinical Psychology Review 44, generally [para. 11, footnote 6].
Nunn Commission of Inquiry, Spiralling out of Control: Lessons Learned from a Boy in Trouble: Report of the Nunn Commission of Inquiry (2006), pp. 171 to 182 [para. 22, footnote 9].
Ybarra, Michele, and Mitchell, Kimberly J., "Sexting" and Its Relation to Sexual Activity and Sexual Risk Behaviour in a National Survey of Adolescents (2014), 55 Journal of Adolescent Health 757, p. 758 [para. 11, footnote 5].
Counsel:
Peter Dostal, for the Nova Scotia Public Prosecution Service in relation to the s. 163.1 count;
Jody MacNeill, for the Nova Scotia Public Prosecution Service in relation to the s. 334 counts;
Stephen Robertson, Nova Scotia Legal Aid, for C.N.T.
This matter was heard on July 8, 2015, at Pictou, N.S., before Atwood, P.C.J., of the Nova Scotia Provincial Court, who delivered the following sentencing decision on July 8, 2015.
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