R. v. R.A.H., (2016) 378 Nfld. & P.E.I.R. 150 (PEISC)

JudgeCampbell, J.
Case DateApril 19, 2016
JurisdictionPrince Edward Island
Citations(2016), 378 Nfld. & P.E.I.R. 150 (PEISC)

R. v. R.A.H. (2016), 378 Nfld. & P.E.I.R. 150 (PEISC);

    1174 A.P.R. 150

MLB headnote and full text

Temp. Cite: [2016] Nfld. & P.E.I.R. TBEd. AP.025

Her Majesty the Queen v. R.A.H.

(S1-GC-1112; 2016 PESC 15)

Indexed As: R. v. R.A.H.

Prince Edward Island Supreme Court

Campbell, J.

April 19, 2016.

Summary:

The accused was convicted of one count each of sexual assault and invitation to sexual touching and two counts each of sexual interference and common assault (see [2015] Nfld. & P.E.I.R. Uned. 29). The victims were his three stepdaughters.

The Prince Edward Island Supreme Court sentenced the accused to a total of four years and six months' imprisonment.

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 5831.1

Sentencing - Considerations on imposing sentence - Offences involving breach of trust - [See Criminal Law - Topic 5932 ].

Criminal Law - Topic 5848.9

Sentencing - Considerations on imposing sentence - Sexual offences against children - [See Criminal Law - Topic 5932 ].

Criminal Law - Topic 5861

Sentence - Assault - [See Criminal Law - Topic 5932 ].

Criminal Law - Topic 5932

Sentence - Sexual assault - The accused was convicted of several offences respecting his three stepdaughters when they were between seven and 15 years old - Respecting TV, he was convicted of sexual interference for touching her vagina and breasts with his hands (count 1), and assault for slapping her face (count 2) - Respecting LV, he was convicted of sexual assault for forcing her to put his penis in her mouth (count 4) - Respecting CV, he was convicted of assault for slapping her face and pulling her hair (count 7), sexual interference for touching her vagina and breasts (count 8), and invitation to sexual touching for asking her to touch his penis (count 9) - The sexual interference offences were committed repeatedly and under the guise of doing "checkups" to ensure the stepdaughters were healthy - The sexual assault was committed under the guise of teaching the victim how to protect herself against a rapist - The Prince Edward Island Supreme Court sentenced the accused to a total of 4.5 years' imprisonment, comprised of one year for count 1, one month concurrent for count 2, 3.5 years consecutive for count 4, one month concurrent for count 7, one year concurrent for count 8, and one year concurrent for count 9 - The most aggravating factors were the abuse of children under the age of 18 and the abuse of a position of trust.

Criminal Law - Topic 5950

Sentence - Sexual interference with young person - [See Criminal Law - Topic 5932 ].

Criminal Law - Topic 5963

Sentence - Inviting sexual touching - [See Criminal Law - Topic 5932 ].

Counsel:

Jeffrey S. MacDonald, for the Crown;

Joel Pink, Q.C., for the defence.

This matter was heard at Charlottetown, P.E.I., on April 19, 2016, before Campbell, J., of the Prince Edward Island Supreme Court, who delivered an oral decision on the same date and the following written decision on April 22, 2016.

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