R. v. G.L.C., (2013) 402 N.B.R.(2d) 184 (PC)

• Judge: Brien, P.C.J.
• Court: Provincial Court of New Brunswick (Canada)
• Case Date: March 28, 2013
• Jurisdiction: New Brunswick
• Citations: (2013), 402 N.B.R.(2d) 184 (PC);2013 NBPC 9

R. v. G.L.C. (2013), 402 N.B.R.(2d) 184 (PC);

      402 R.N.-B.(2e) 184; 1044 A.P.R. 184

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Sommaire et texte intégral

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Temp. Cite: [2013] N.B.R.(2d) TBEd. AP.022

Renvoi temp.: [2013] N.B.R.(2d) TBEd. AP.022

R. v. G.L.C.

(2013 NBPC 9; 2013 NBCP 9)

Indexed As: R. v. G.L.C.

Répertorié: R. v. G.L.C.

New Brunswick Provincial Court

Brien, P.C.J.

March 28, 2013.

Summary:

Résumé:

The accused pled guilty to four counts of indecent assault, three counts of sexual assault, one count of sexual interference with a female not his wife without her consent, and one count of sexual intercourse with a female under the age of 14 years. The offences took place between 1974 and 1988. The victims were the accused's stepdaughter and three of her friends.

The New Brunswick Provincial Court sentenced the accused to 12 years' imprisonment in a federal penitentiary.

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 5841

Sentencing - Considerations - Age of accused - The accused pled guilty to nine offences involving the sexual abuse of his stepdaughter and three of her friends - The offences took place between 1974 and 1988 - The accused was now 81 years old - The presentence report stated that he suffered from arthritis, forgetfulness following a stroke, and heart issues following a heart attack - Defence counsel argued that the accused's age and health were mitigating factors - The New Brunswick Provincial Court held that there was not enough evidence regarding the accused's health to warrant consideration as a mitigating factor - Other than the presentence report, there was no evidence to establish any deleterious effect on his health, so incarceration was clearly warranted - Regarding his advanced age, the court referred to the fact that it was within the power of the parole board to exercise its discretion as to when to release an accused depending upon his circumstances - See paragraphs 43 to 57.

Criminal Law - Topic 5848.3

Sentencing - Considerations on imposing sentence - Medical - [See Criminal Law - Topic 5841 ].

Criminal Law - Topic 5852

Sentencing - Sentence - Particular offences - Rape - [See Criminal Law - Topic 5856 ].

Criminal Law - Topic 5856

Sentencing - Sentence - Particular offences - Indecent assault - The accused pled guilty to nine offences involving the sexual abuse of his stepdaughter and three of her friends (KF, LL and HG) - The offences took place between 1974 and 1988 - He abused his stepdaughter over a period of 16 years, KF for six years, LL for five years, and HG for one year - There were incidents of non-penetrative and penetrative sexual activity - At times he used physical force and offered incentives such as money - Aggravating factors included the age imbalance, pattern of abuse, unprotected sex, duration and frequency, planning, position of trust, and impact on the victims - Mitigating factors included the guilty plea, cooperation with investigation, no prior offences, and acceptance of responsibility - The New Brunswick Provincial Court imposed a global sentence of 12 years' imprisonment in a federal penitentiary - For the stepdaughter, the sentence was six years for sexual intercourse with a female who was not his wife without her consent, one year concurrent for indecent assault and two years concurrent for sexual assault - For KF, the sentence was four years consecutive for sexual intercourse with a female who was not his wife and under the age of 14 years, and one year concurrent for indecent assault - For each of LL and HG, the sentences were one year concurrent for indecent assault and one year consecutive for sexual assault.

Criminal Law - Topic 5884

Sentencing - Sentence - Particular offences - Sexual intercourse with a female under 14 - [See Criminal Law - Topic 5856 ].

Criminal Law - Topic 5932

Sentencing - Sentence - Particular offences - Sexual assault - [See Criminal Law - Topic 5856 ].

Droit criminel - Cote 5841

Détermination de la peine - Facteurs considérés lors de l'infliction de la peine - Âge du prévenu - [Voir Criminal Law - Topic 5841 ].

Droit criminel - Cote 5848.3

Détermination de la peine - Facteurs considérés lors de l'infliction de la peine - Facteurs médicaux - [Voir Criminal Law - Topic 5848.3 ].

Droit criminel - Cote 5852

Peine - Viol - [Voir Criminal Law - Topic 5852 ].

Droit criminel - Cote 5856

Peine - Attentat à la pudeur - [Voir Criminal Law - Topic 5856 ].

Droit criminel - Cote 5884

Peine - Rapports sexuels avec une personne de sexe féminin âgée de moins de 14 ans - [Voir Criminal Law - Topic 5884 ].

Droit criminel - Cote 5932

Peine - Agression sexuelle - [Voir Criminal Law - Topic 5932 ].

Cases Noticed:

R. v. L.M. (2008), 374 N.R. 351; 2008 SCC 31, refd to. [para. 8].

R. v. G.W.S. (1988), 88 N.B.R.(2d) 177; 224 A.P.R. 177 (C.A.), refd to. [para. 9].

R. v. Springer - see/voir R. v. G.W.S.

R. v. D.C. et al. (2009), 351 N.B.R.(2d) 341; 904 A.P.R. 341; 2009 NBCA 59, refd to. [para. 9].

R. v. A.R. (1994), 92 Man.R.(2d) 183; 61 W.A.C. 183 (C.A.), refd to. [para. 34].

R. v. Dinn (M.F.) (1993), 104 Nfld. & P.E.I.R. 263; 329 A.P.R. 263 (Nfld. C.A.), refd to. [para. 45].

R. v. P.M. (2002), 249 N.B.R.(2d) 164; 648 A.P.R. 164 (T.D.), refd to. [para. 53].

R. v. Morin (C.) (1998), 63 O.T.C. 221 (Gen. Div.), refd to. [para. 53].

R. v. A.G.W. (2000), 130 O.A.C. 78 (C.A.), refd to. [para. 54].

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. 56].

R. v. E.S. (1997), 191 N.B.R.(2d) 3; 488 A.P.R. 3 (C.A.), refd to. [para. 58].

R. v. R.P. (2013), 401 N.B.R.(2d) 143; 1041 W.A.C. 143; 2013 NBCA 12, refd to. [para. 59].

R. v. F.S.A. (1996), 182 N.B.R.(2d) 20; 463 A.P.R. 20 (C.A.), refd to. [para. 60].

R. v. M.K. (2010), 364 N.B.R.(2d) 166; 937 A.P.R. 166; 2010 NBCA 71, refd to. [para. 66].

Counsel:

Avocats:

Damien Lahiton, for the Crown;

Angèle Normand, for the defence.

This matter was heard at Woodstock, N.B., on March 28, 2013, before Brien, P.C.J., of the New Brunswick Provincial Court, who delivered the following reasons orally in court, but without the case citations.