R. v. J.P., (2013) 327 N.S.R.(2d) 171 (SC)

• Judge: Murray, J.
• Court: Supreme Court of Nova Scotia (Canada)
• Case Date: February 15, 2013
• Jurisdiction: Nova Scotia
• Citations: (2013), 327 N.S.R.(2d) 171 (SC);2013 NSSC 65

R. v. J.P. (2013), 327 N.S.R.(2d) 171 (SC);

    1036 A.P.R. 171

MLB headnote and full text

Temp. Cite: [2013] N.S.R.(2d) TBEd. MR.026

Her Majesty the Queen v. J.P.

(CRS380060; 2013 NSSC 65)

Indexed As: R. v. J.P.

Nova Scotia Supreme Court

Murray, J.

February 15, 2013.

Summary:

The 63 year old accused was convicted of touching for a sexual purpose, invitation to sexual touching and sexual assault. The offences occurred over a six year period, when the accused was 44-50 years of age and the victim (niece) was 6-12 years of age. The offences involved french kissing, fondling under the niece's clothing, and an unsuccessful attempt to have her touch his exposed penis. The Crown sought 18-24 months' imprisonment. The accused sought a conditional sentence.

The Nova Scotia Supreme Court sentenced the accused to concurrent sentences of one year's imprisonment for sexual assault and sexual touching and six months' imprisonment for inviting sexual touching, followed by 18 months' probation.

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 5720.4

Punishments (sentence) - Conditional sentence - When available or appropriate - The 63 year old accused was convicted of touching for a sexual purpose, invitation to sexual touching and sexual assault - The offences occurred over a six year period, when the accused was 44-50 years of age and the victim (niece by marriage) was 6-12 years of age - The offences involved french kissing, fondling under the niece's clothing, and an unsuccessful attempt to have her touch his exposed penis - The Crown sought 18-24 months' imprisonment - The accused sought a conditional sentence - The accused was a first offender, steadily employed and had a mostly positive pre-sentence report - He accepted no responsibility for the offences and expressed no remorse, but was agreeable to recommended counselling and treatment - The accused, now in a stable marriage (his third), was a low risk to re-offend - The Nova Scotia Supreme Court sentenced the accused to concurrent sentences of one year's imprisonment for sexual assault and sexual touching and six months' imprisonment for inviting sexual touching, followed by 18 months' probation - The primary sentencing considerations for offences involving the sexual abuse of children were denunciation and deterrence - A conditional sentence, while available, was not appropriate given the length of time the offences continued, the breach of trust by a family member and the significant degree of moral blameworthiness - A conditional sentence would not be consistent with the fundamental purposes of sentencing.

Criminal Law - Topic 5831.1

Sentencing - Considerations on imposing sentence - Offences involving breach of trust - [See Criminal Law - Topic 5720.4 ].

Criminal Law - Topic 5848.9

Sentencing - Considerations on imposing sentence - Sexual offences against children - [See Criminal Law - Topic 5720.4 ].

Criminal Law - Topic 5932

Sentence - Sexual assault - [See Criminal Law - Topic 5720.4 ].

Criminal Law - Topic 5950

Sentence - Sexual interference with young person - [See Criminal Law - Topic 5720.4 ].

Criminal Law - Topic 5963

Sentence - Inviting sexual touching - [See Criminal Law - Topic 5720.4 ].

Cases Noticed:

R. v. Geddes, [1999] O.J. No. 4419, refd to. [para. 21].

R. v. S.C.C. (2004), 225 N.S.R.(2d) 4; 713 A.P.R. 4; 2004 NSPC 41, refd to. [para. 23].

R. v. Proulx (J.K.D.) (2000), 249 N.R. 201; 142 Man.R.(2d) 161; 212 W.A.C. 161 (S.C.C.), refd to. [para. 36].

R. v. E.C.S. (1995), 151 N.S.R.(2d) 136; 440 A.P.R. 136 (S.C.), refd to. [para. 38].

R. v. A.P.S. (1999), 178 N.S.R.(2d) 176; 549 A.P.R. 176 (S.C.), refd to. [para. 39].

R. v. Murray (1986), 75 N.S.R.(2d) 361; 186 A.P.R. 361 (C.A.), refd to. [para. 40].

R. v. Wood (1986), 74 N.S.R.(2d) 31; 180 A.P.R. 31 (C.A.), refd to. [para. 41].

R. v. P.E.S., [2000] N.S.R.(2d) Uned. 46; 2000 CanLII 26802 (S.C.), refd to. [para. 59].

R. v. Winters (M.A.) (1999), 174 N.S.R.(2d) 83; 532 A.P.R. 83 (C.A.), refd to. [para. 60].

R. v. L.F.W. (1997), 155 Nfld. & P.E.I.R. 115; 481 A.P.R. 115; 119 C.C.C.(3d) 97; 1997 CanLII 10868 (Nfld. C.A.), refd to. [para. 60].

R. v. C.K.H. (1998), 171 N.S.R.(2d) 47; 519 A.P.R. 47; 1998 CanLII 17560 (S.C.), refd to. [para. 61].

R. v. Luddington (G.A.) (2001), 191 N.S.R.(2d) 118; 596 A.P.R. 118; 2001 NSCA 29, refd to. [para. 63].

R. v. Nowe (D.) (2004), 228 N.S.R.(2d) 185; 723 A.P.R. 185; 2004 NSCA 137, refd to. [para. 70].

R. v. E.M.W. (2009), 285 N.S.R.(2d) 155; 905 A.P.R. 155 (Prov. Ct.), affd. (2011), 308 N.S.R.(2d) 15; 976 A.P.R. 15 (C.A.), refd to. [para. 77].

R. v. M.S. (2003), 232 Sask.R. 28; 294 W.A.C. 28 (C.A.), refd to. [para. 78].

R. v. R.A.R., [2000] 1 S.C.R. 163; 249 N.R. 322; 142 Man.R.(2d) 282; 212 W.A.C. 282, refd to. [para. 78].

Counsel:

Gerald MacDonald, for the Crown;

Elizabeth Cusack, Q.C., for the accused.

This matter was heard on February 15, 2013, at Sydney, N.S., before Murray, J., of the Nova Scotia Supreme Court, whose following oral judgment of February 15, 2013, was filed in writing on February 20, 2013.