R. v. S., (1983) 2 O.A.C. 398 (CA)

• Judge: Lacourcière, Thorson and Cory, JJ.A.
• Court: Court of Appeal (Ontario)
• Case Date: November 16, 1983
• Jurisdiction: Ontario
• Citations: (1983), 2 O.A.C. 398 (CA)

R. v. S. (1983), 2 O.A.C. 398 (CA)

MLB headnote and full text

R. v. S.

(No. 648/83)

Indexed As: R. v. S.

Ontario Court of Appeal

Lacourcière, Thorson and Cory, JJ.A.

December 14, 1983.

Summary:

A man pleaded guilty to two counts of indecent assault. The man sexually abused his two stepdaughters over a three to five year period, after each had reached the age of 10. The man was given a suspended sentence plus three years' probation. The Crown appealed against sentence.

The Ontario Court of Appeal, Cory, J. A., dissenting, dismissed the appeal.

Cory, J.A., would have imposed a six month term of imprisonment.

Criminal Law - Topic 5856

Sentence - Indecent assault - A man sexually abused his two stepdaughters over a three to five year period - The abuse began when the girls reached age 10 - The girls were not seriously harmed - The man was making positive progress through therapy - To jail the man would be disastrous economically for the family and would harm the girls by breaking up the family - The Ontario Court of Appeal in the circumstances affirmed a suspended sentence plus three years' probation.

Cases Noticed:

R. v. G., 2 O.A.C. 396, refd to. [para. 7].

Counsel:

David Fairgrieve, for Crown, appellant;

D. Fletcher Dawson, for the respondent.

This appeal was heard before Lacourcière, Thorson and Cory, JJ.A., of the Ontario Court of Appeal on November 16, 1983. The decision of the Court of Appeal was released on December 14, 1983, when the following opinions were filed:

Lacourcière and Thorson, JJ.A. - see paragraphs 1 to 7;

Cory, J.A., dissenting - see paragraphs 8 to 9.