R. v. M.N.P., (2015) 361 N.S.R.(2d) 93 (SC)

• Judge: LeBlanc, J.
• Court: Supreme Court of Nova Scotia (Canada)
• Case Date: May 05, 2015
• Jurisdiction: Nova Scotia
• Citations: (2015), 361 N.S.R.(2d) 93 (SC);2015 NSSC 158

R. v. M.N.P. (2015), 361 N.S.R.(2d) 93 (SC);

    1137 A.P.R. 93

MLB headnote and full text

Temp. Cite: [2015] N.S.R.(2d) TBEd. JN.006

Her Majesty the Queen v. MNP

(Hfx. No. CRH 395519/397763; 2015 NSSC 158)

Indexed As: R. v. M.N.P.

Nova Scotia Supreme Court

LeBlanc, J.

May 28, 2015.

Summary:

The accused pleaded guilty to one count of indecent assault, three counts of sexual assault, two counts of touching a person under the age of 14 for a sexual purpose, and one count of inviting sexual touching by a person under the age of 14. The three child victims were the accused's nieces. A joint recommendation was made for a long term offender disposition.

The Nova Scotia Supreme Court stayed the two counts of sexual touching based on the Kienapple principle and sentenced the accused to a total of five years' imprisonment. The court accepted the joint recommendation and declared the accused to be a long term offender for 7.5 years. The court also ordered that the accused be registered for life under the Sex Offender Information Registration Act and imposed a DNA order, a lifetime weapons prohibition, and a lifetime prohibition respecting certain activities involving persons under the age of 14 (Criminal Code, s. 161).

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 a restriction on publication under ss. 486.4 and 539 of the Criminal Code and Maritime Law Book's editorial policy.

Criminal Law - Topic 5831.1

Sentencing - Considerations on imposing sentence - Offences involving breach of trust - The 52 year old accused pleaded guilty to one count of indecent assault, three counts of sexual assault, two counts of touching a person under the age of 14 for a sexual purpose, and one count of inviting sexual touching by a person under the age of 14 - The three victims were the accused's nieces - The offences constituted a breach of trust - They occurred when the victims were children, and in one case, as young as five years of age - They included digital penetration and attempting to force one victim to perform oral sex - The accused threatened to beat up one victim's father if she said anything - He had a grade nine education - Was receiving social assistance - Accepted responsibility, apologized and was remorseful, but, in some instances, he attempted to minimize his actions - He served a period of incarceration for similar offences after being sentenced in December 2007 - He took all the courses mandated by correctional service and continued with such treatment and programs after his release in 2011 - The last known offence occurred in 2004/2005 - Had community support - Was now in a relationship with NC who supported him - The Nova Scotia Supreme Court stayed the two counts of sexual touching based on the Kienapple principle and sentenced the accused to a total of five years' imprisonment - The court accepted a joint recommendation and declared the accused to be a long term offender for 7.5 years - The court ordered that he be registered for life under the Sex Offender Information Registration Act and imposed a DNA order, a lifetime weapons prohibition, and a lifetime prohibition respecting certain activities involving persons under the age of 14 (Criminal Code, s. 161).

Criminal Law - Topic 5848.9

Sentencing - Considerations on imposing sentence - Sexual offences against children - [See Criminal Law - Topic 5831.1 ]

Criminal Law - Topic 5856

Sentence - Indecent assault - [See Criminal Law - Topic 5831.1 ].

Criminal Law - Topic 5932

Sentence - Sexual assault - [See Criminal Law - Topic 5831.1 ].

Criminal Law - Topic 5963

Sentence - Inviting sexual touching - [See Criminal Law - Topic 5831.1 ].

Criminal Law - Topic 6503.1

Dangerous or long-term offenders - Detention (incl. common law preventive detention) - General - Long-term offender - Defined - [See Criminal Law - Topic 5831.1 ].

Criminal Law - Topic 6575

Dangerous or long-term offenders - Detention (incl. common law preventive detention) - Sentencing - Sentence - [See Criminal Law - Topic 5831.1 ].

Cases Noticed:

R. v. Cromwell (Y.M.) (2005), 238 N.S.R.(2d) 17; 757 A.P.R. 17; 2005 NSCA 137, refd to. [para. 4].

R. v. Kienapple, [1975] 1 S.C.R. 729; 1 N.R. 322, refd to. [para. 64].

Counsel:

Susan MacKay and James Giacomantonio, for the Crown;

Lee Seshagiri, for the defence.

This matter was heard at Halifax, Nova Scotia, on May 5, 2015, by LeBlanc, J., of the Nova Scotia Supreme Court, who delivered the following judgment on May 28, 2015.