R. v. P.M., (2002) 249 N.B.R.(2d) 164 (TD)

• Judge: Riordon, J.
• Court: Court of Queen's Bench of New Brunswick (Canada)
• Case Date: April 05, 2002
• Jurisdiction: New Brunswick
• Citations: (2002), 249 N.B.R.(2d) 164 (TD)

R. v. P.M. (2002), 249 N.B.R.(2d) 164 (TD);

    249 R.N.-B.(2e) 164; 648 A.P.R. 164

MLB headnote and full text

[French language version follows English language version]

[La version française vient à la suite de la version anglaise]

....................

Temp. Cite: [2002] N.B.R.(2d) TBEd. MY.004

Her Majesty The Queen v. P.M.

(N/CR/2/2001)

Indexed As: R. v. P.M.

New Brunswick Court of Queen's Bench

Trial Division

Judicial District of Miramichi

Riordon, J.

April 5, 2002.

Summary:

The accused pleaded guilty to sexual as­sault and sexual touching of a young person while in a position of trust.

The New Brunswick Court of Queen's Bench, Trial Division, sentenced the accused to three years' imprisonment for each of­fence to be served concurrently.

Criminal Law - Topic 5848.3

Sentencing - Considerations on imposing sentence - Medical - The 35 year old accused pleaded guilty to sexual assault and sexual touching of a young person while in a position of trust - The offences occurred over nine to 10 months when the victim was approximately 14 years old - The victim was the accused's step-daugh­ter's best friend and was living in the ac­cused's home when the offences occurred - The offences involved touching the vic­tim's breasts and vagina, sexual inter­course (as much as four times a week) and at least one incident of fellatio - Follow­ing the offences the accused was paralysed from the chest down in an acci­dent - He was remorseful and there was a positive pros­pect of rehabilitation - The New Bruns­wick Court of Queen's Bench, Trial Divi­sion, sentenced the accused to three years' imprisonment for each offence to be served concurrently.

Criminal Law - Topic 5848.3

Sentencing - Considerations on imposing sentence - Medical - The New Brunswick Court of Queen's Bench, Trial Division, referred to the following basic principles in sentencing an accused with a medical condi­tion: if the accused could not be accommo­dated in the facility, the sentence should be different than what would be normally given in the situation; and where the facility could accommodate an accused, but in situation where his disability would nonetheless deteri­orate, the normally ap­propriate sentence should be modified - See paragraph 25.

Criminal Law - Topic 5848.9

Sentencing - Considerations on imposing sentence - Sexual offences against children - [See first Criminal Law - Topic 5848.3 ].

Criminal Law - Topic 5932

Sentence - Sexual assault - [See first Criminal Law - Topic 5848.3 ].

Criminal Law - Topic 5949

Sentence - Sexual interference or exploi­tation by person in position of trust or authority - [See first Criminal Law - Topic 5848.3 ].

Cases Noticed:

R. v. E.S. (1997), 191 N.B.R.(2d) 3; 488 A.P.R. 3 (C.A.), refd to. [para. 23].

R. v. Morin (C.) (1998), 63 O.T.C. 221 (Gen. Div.), refd to. [para. 26].

R. v. Taylor, [1995] N.J. No. 301, refd to. [para. 26].

R. v. Carlson, [1996] S.J. No. 123, refd to. [para. 26].

R. v. Maczynski (J.G.) (1997), 98 B.C.A.C. 301; 161 W.A.C. 301; 120 C.C.C.(3d) 221 (C.A.), refd to. [para. 26].

R. v. L.J.S. (1997), 101 O.A.C. 34; 116 C.C.C.(3d) 477 (C.A.), refd to. [para. 26].

R. v. Shah (N.) (1994), 48 B.C.A.C. 241; 78 W.A.C. 241; 94 C.C.C.(3d) 45 (C.A.), refd to. [para. 26].

R. v. E.M. (1993), 191 N.B.R.(2d) 1; 488 A.P.R. 1 (C.A.), refd to. [para. 26].

R. v. Proulx (J.K.D.), [2000] 1 S.C.R. 61; 249 N.R. 201; 142 Man.R.(2d) 161; 212 W.A.C. 161, refd to. [para. 29].

R. v. D.T.M. (1995), 158 N.B.R.(2d) 1; 406 A.P.R. 1 (T.D.), refd to. [para. 36].

R. v. L.C. (1990), 110 N.B.R.(2d) 332; 276 A.P.R. 332 (C.A.), refd to. [para. 36].

R. v. Springer (1988), 88 N.B.R.(2d) 177; 224 A.P.R. 177 (C.A.), refd to. [para. 36].

Counsel:

John J. Walsh, for the Crown;

Aloysuis Hayes, for P.M.

This matter was heard on April 5, 2002, by Riordon, J., of the New Brunswick Court of Queen's Bench, Trial Division, Judicial District of Miramichi, who delivered oral judgment on the same date.