R. v. R.R.D.G., (2014) 347 N.S.R.(2d) 1 (SC)

• Judge: Rosinski, J.
• Court: Supreme Court of Nova Scotia (Canada)
• Case Date: June 13, 2014
• Jurisdiction: Nova Scotia
• Citations: (2014), 347 N.S.R.(2d) 1 (SC);2014 NSSC 223

R. v. R.R.D.G. (2014), 347 N.S.R.(2d) 1 (SC);

    1098 A.P.R. 1

MLB headnote and full text

Temp. Cite: [2014] N.S.R.(2d) TBEd. JN.041

Her Majesty the Queen v. R.R.D.G

(Hfx Nos. 412256; 413741; 2014 NSSC 223)

Indexed As: R. v. R.R.D.G.

Nova Scotia Supreme Court

Rosinski, J.

June 19, 2014.

Summary:

The accused sexually molested his step-daughter between 2005 and 2008, when she was 10-13 years of age. The accused pleaded guilty to touching a person under age 14 for a sexual purpose (Criminal Code, s. 151), touching a young person for a sexual purpose while being a person in a position of trust (s. 153(a)), sexual assault (s. 271(1)(a)) and two counts of breaching a recognizance (s. 145(3)).

The Nova Scotia Supreme Court sentenced the accused to a total of 5.5 years' imprisonment, less 160.5 days' credit for pre-trial custody on a 1.5 to 1.0 basis. The individual sentences were five years' imprisonment for touching a person under age 14 for a sexual purpose and sexual touching by a person in a position of trust (one of the sentences stayed because of the totality principle), 12 months' imprisonment for sexual assault (concurrent), and six months' imprisonment for each breach of recognizance (concurrent to each other but consecutive to the five year sentence).

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 5949 ].

Criminal Law - Topic 5848.2

Sentencing - Considerations on imposing sentence - Time already served (incl. bail) - [See Criminal Law - Topic 5949 ].

Criminal Law - Topic 5848.9

Sentencing - Considerations on imposing sentence - Sexual offences against children (incl. child pornography) - [See Criminal Law - Topic 5949 ].

Criminal Law - Topic 5892

Sentence - Breach of restraining order, recognizance or undertaking - [See Criminal Law - Topic 5949 ].

Criminal Law - Topic 5932

Sentence - Sexual assault - [See Criminal Law - Topic 5949 ].

Criminal Law - Topic 5949

Sentence - Sexual interference or exploitation by person in position of trust or authority - The accused sexually molested his step-daughter between 2005 and 2008, when she was 10-13 years of age - The accused was convicted of touching a person under age 14 for a sexual purpose (Criminal Code, s. 151), touching a young person for a sexual purpose while being a person in a position of trust (s. 153(a)), sexual assault (s. 271(1)(a)), and two counts of breaching a recognizance (s. 145(3)) - The abuse consisted of multiple instances of oral sex on the accused, simulated sex ("dry-humping"), and touching the step-daughter's vagina over her clothing - The accused had a prior conviction for theft and convictions after 2008 for theft and breach of undertaking - The Crown sought a total sentence of 5.5 years' imprisonment - The accused accepted responsibility, but minimized his misconduct - The accused was now estranged from all family, including his parents and children - The accused's behaviour escalated as he groomed the step-daughter over the years, with the goal being sexual intercourse - This was a "remarkable and gross breach of trust" - Expert evidence could neither confirm nor deny that the accused was a paedophile - The prospect of rehabilitation was not favourable - The accused expressed no genuine remorse - The Nova Scotia Supreme Court sentenced the accused to a total of 5.5 years' imprisonment, less 160.5 days' credit for pre-trial custody on a 1.5 to 1.0 basis - The individual sentences were five years' imprisonment for touching a person under age 14 for a sexual purpose and sexual touching by a person in a position of trust (one of the sentences stayed because of the totality principle), 12 months' imprisonment for sexual assault (concurrent), and six months' imprisonment for each breach of recognizance (concurrent to each other, but consecutive to the five year sentence).

Criminal Law - Topic 5950

Sentence - Sexual interference with young person - [See Criminal Law - Topic 5949 ].

Cases Noticed:

R. v. R.T.M. (1996), 151 N.S.R.(2d) 235; 440 A.P.R. 235 (C.A.), refd to. [para. 12].

R. v. W.B.S.; R. v. M.P. (1992), 127 A.R. 65; 20 W.A.C. 65; 73 C.C.C.(3d) 530 (C.A.), refd to. [para. 12].

R. v. W.J.S., 2007 BCPC 450, refd to. [para. 20].

R. v. Hawkes (1987), 81 N.S.R.(2d) 156; 203 A.P.R. 156 (C.A.), refd to. [para. 20].

R. v. J.R.A. (2012), 280 Man.R.(2d) 123; 548 W.A.C. 123; 2012 MBCA 48, refd to. [para. 20].

R. v. States (D.B.) (2000), 185 N.S.R.(2d) 101; 575 A.P.R. 101 (S.C.), refd to. [para. 20].

R. v. S.C.C. (2004), 225 N.S.R.(2d) 4; 713 A.P.R. 4; 2004 NSPC 41, refd to. [para. 21].

R. v. Adams (P.F.) (2010), 291 N.S.R.(2d) 206; 922 A.P.R. 206; 2010 NSCA 42, refd to. [para. 24].

R. v. Cromwell (Y.M.) (2005), 238 N.S.R.(2d) 17; 757 A.P.R. 17; 2005 NSCA 137, refd to. [para. 26].

R. v. E.M.W. (2011), 308 N.S.R.(2d) 15; 976 A.P.R. 15; 2011 NSCA 87, refd to. [para. 40].

R. v. Young (F.M.) (2014), 340 N.S.R.(2d) 355; 1077 A.P.R. 355; 2014 NSCA 16, refd to. [para. 42].

R. v. J.B.C. (2010), 286 N.S.R.(2d) 380; 909 A.P.R. 380; 2010 NSSC 28, refd to. [para. 47].

R. v. Bauer (D.), [2013] O.A.C. Uned. 569; 2013 ONCA 691, refd to. [para. 47].

R. v. D.N.M. (1992), 114 N.S.R.(2d) 439; 313 A.P.R. 439 (C.A.), refd to. [para. 74].

R. v. Summers (S.) (2014), 456 N.R. 1; 316 O.A.C. 349; 2014 SCC 26, refd to. [para. 79].

Counsel:

Perry Borden, Senior Crown Attorney, for the Crown;

Alex Embree, for R.R.D.G.

This matter was heard on June 13, 2014, at Halifax, N.S., before Rosinski, J., of the Nova Scotia Supreme Court, who delivered the following judgment on June 19, 2014.