R. v. R.J.C., (2015) 374 Nfld. & P.E.I.R. 161 (NLTD(G))

• Judge: Goodridge, J.
• Court: Supreme Court of Newfoundland and Labrador (Canada)
• Case Date: October 20, 2015
• Jurisdiction: Newfoundland and Labrador
• Citations: (2015), 374 Nfld. & P.E.I.R. 161 (NLTD(G))

R. v. R.J.C. (2015), 374 Nfld. & P.E.I.R. 161 (NLTD(G));

      1164 A.P.R. 161

MLB headnote and full text

Temp. Cite: [2015] Nfld. & P.E.I.R. TBEd. NO.012

Her Majesty the Queen v. R.J.C.

(201104G0161; 2015 NLTD(G) 154)

Indexed As: R. v. R.J.C.

Newfoundland and Labrador Supreme Court

Trial Division (General)

Goodridge, J.

October 20, 2015.

Summary:

The accused and his mother lived on the same premises, but in separate buildings. The accused lived in a small building behind his mother's home. An RCMP investigation determined that potentially illegal images of child pornography were uploaded to three IP addresses registered to the accused's mother. A search warrant was obtained for the mother's residence. Later that same day, a second warrant was obtained for the outer building where the accused was believed to spend most of his time. As a result of the evidence obtained, the accused faced a number of charges including sexual touching of a child, sexual assault and production, possession and distribution of child pornography. Asserting that deficiencies in the search warrant made it defective on its face with the result that the search was an unlawful violation of his s. 8 Charter right, the accused applied for declaratory relief.

The Newfoundland and Labrador Supreme Court, Trial Division (General), in a decision reported at (2013), 342 Nfld. & P.E.I.R. 155; 1064 A.P.R. 155, dismissed the application. The accused was convicted of 11 offences, including sexual assault and production, possession and distribution of child pornography. The Crown and defence made a joint sentencing submission.

The Newfoundland and Labrador Supreme Court, Trial Division (General), accepted the joint submission, designating the accused a dangerous offender and imposing a global sentence of 13 years' imprisonment, less credit on a 1.5:1 basis for four years and 352 days spent in presentence custody, and a 10 year supervision order. After credit of seven years and 163 days, the net sentence to be served was five years and 202 days. Parole eligibility was delayed until the accused had served half his sentence. The court made a number of ancillary orders.

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 5670

Punishments (sentence) - Imprisonment and parole - Parole - Period of ineligibility (incl. jury recommendation) - The 53 year old accused was convicted of 11 offences, including sexual assault and production, possession and distribution of child pornography - The Crown and defence made a joint sentencing submission - The Newfoundland and Labrador Supreme Court, Trial Division (General), accepted the joint submission, designating the accused a dangerous offender and imposing a global sentence of 13 years' imprisonment, less credit on a 1.5:1 basis for four years and 352 days spent in presentence custody, and a 10 year supervision order - After credit of seven years and 163 days, the net sentence to be served was five years and 202 days - Parole eligibility was delayed until the accused had served half his sentence - Pedophilic disorder (sexual interest in children) - Moderate to high risk to reoffend - The passage of time together with strict controls when the accused was released could control the risk - An indeterminate sentence was not required - Aggravating circumstances included the high degree of trust, a prior history of similar crimes, extremely grave moral blameworthiness, young age of the victims, serious and repeated nature of the assaults and the high quantity of pornographic images and videos - The accused had little understanding of his problem as a sexual predator of children - Enhanced credit was appropriate to account for the loss of parole and early release eligibility and due to harsh conditions during pre-sentence custody (continuous segregation).

Criminal Law - Topic 5813

Sentencing - Sentencing procedure and rights of the accused - Plea bargain or joint submission - Effect of - [See Criminal Law - Topic 5670 ].

Criminal Law - Topic 5848.2

Sentencing - Considerations on imposing sentence - Time already served (incl. bail) - [See Criminal Law - Topic 5670 ].

Criminal Law - Topic 5848.9

Sentencing - Considerations on imposing sentence - Sexual offences against children (incl. child pornography) - [See Criminal Law - Topic 5670 ].

Criminal Law - Topic 5874

Sentence - Manufacture, distribution or possession of obscene matter (incl. child pornography) - [See Criminal Law - Topic 5670 ].

Criminal Law - Topic 5932

Sentence - Sexual assault - [See Criminal Law - Topic 5670 ].

Criminal Law - Topic 6503

Dangerous or long-term offenders - Detention - General - Dangerous offender - Defined - [See Criminal Law - Topic 5670 ].

Criminal Law - Topic 6576

Dangerous or long-term offenders - Detention - Sentencing - Indeterminate v. determinate sentence - [See Criminal Law - Topic 5670 ].

Criminal Law - Topic 6577

Dangerous or long-term offenders - Detention - Sentencing - Community or long-term supervision order - [See Criminal Law - Topic 5670 ].

Cases Noticed:

R. v. Oxford (M.) (2010), 299 Nfld. & P.E.I.R. 327; 926 A.P.R. 327; 2010 NLCA 45, refd to. [para. 8].

R. v. Druken (J.K.) (2006), 261 Nfld. & P.E.I.R. 271; 790 A.P.R. 271; 215 C.C.C.(3d) 394 (N.L.C.A.), refd to. [para. 8].

R. v. L.M. (2008), 374 N.R. 351; 2008 SCC 31, refd to. [para. 24].

R. v. Summers (S.) (2014), 456 N.R. 1; 316 O.A.C. 349; 2014 SCC 26, refd to. [para. 27].

Counsel:

Trina D. Simms, for the Crown;

Derek Hogan, for the offender.

This matter was heard and determined orally at Corner Brook, N.L., on October 20, 2015, by Goodridge, J., of the Newfoundland and Labrador Supreme Court, Trial Division (General), who delivered the following written reasons for judgment on November 4, 2015.