R. v. Savoie (D.), (1993) 136 N.B.R.(2d) 241 (TD)

• Judge: Deschênes, J.
• Court: Court of Queen's Bench of New Brunswick (Canada)
• Case Date: June 24, 1993
• Jurisdiction: New Brunswick
• Citations: (1993), 136 N.B.R.(2d) 241 (TD)

R. v. Savoie (D.) (1993), 136 N.B.R.(2d) 241 (TD);

    136 R.N.-B.(2e) 241; 347 A.P.R. 241

MLB headnote and full text

[French language version follows English language version]

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

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R. v. David Savoie

(B/M/120/92)

Indexed As: R. v. Savoie (D.)

New Brunswick Court of Queen's Bench

Trial Division

Judicial District of Bathurst

Deschênes, J.

June 24, 1993.

Summary:

The accused man, age 37, was convicted of sexual assault of a 16 year old girl. He was helped by two teenage boys, one of whom also raped the girl.

The New Brunswick Court of Queen's Bench, Trial Division, sentenced the accused to four years' imprisonment after adopting the starting point approach and setting the starting point for such offences at three years' imprisonment.

Criminal Law - Topic 5812

Sentencing procedure and rights of the accused - Use of presentence reports - [See Criminal Law - Topic 5843 ].

Criminal Law - Topic 5830

Sentencing - Considerations - General - Starting point approach - [See Criminal Law - Topic 5932 ].

Criminal Law - Topic 5843

Sentencing - Considerations - Content of presentence report - The New Brunswick Court of Queen's Bench, Trial Division, stated that a probation officer's recommen­dation that an accused be sent to a provin­cial institution should not have been made and would be ignored - See paragraph 15.

Criminal Law - Topic 5846.9

Sentencing - Considerations - Group activity - [See Criminal Law - Topic 5932 ].

Criminal Law - Topic 5932

Sentence - Sexual assault - The accused 37 year old married man with the help of two teenage boys forcibly confined a 16 year old girl in his bedroom and had sex­ual intercourse with her as she screamed for help - One of the boys also raped her - Girl not physically hurt - She had pre­viously been his foster daughter - Previous conviction earlier in year for sexual ex­ploitation of a foster child - The court described the accused as being of "good character" and the event as a gang rape - The New Brunswick Court of Queen's Bench, Trial Division, sentenced the accused to four years' imprisonment for sexual assault after adopting the starting point approach to sentencing and setting the starting point for such offences at three years' imprisonment.

Cases Noticed:

R. v. Sandercock (1985), 62 A.R. 382; 22 C.C.C.(3d) 79 (C.A.), appld. [para. 8].

R. v. Morrissette (1971), 1 C.C.C.(2d) 307; 12 C.R.N.S. 392; 75 W.W.R.(N.S.) 644 (Sask. C.A.), appld. [para. 6].

R. v. Cormier (1986), 70 N.B.R.(2d) 107; 179 A.P.R. 107 (C.A.), consd. [para. 9].

R. v. Ogden (1986), 68 N.B.R.(2d) 180; 175 A.P.R. 180 (C.A.), consd. [para. 9].

Counsel:

Rita Godin, for the Crown;

Robert W. MacPherson, for the accused.

This case was heard on June 1, 2, 3, 1993, at Bathurst, N.B., before Deschênes, J., of the New Brunswick Court of Queen's Bench, Trial Division, Judicial District of Bathurst, who delivered the following oral judgment on June 24, 1993: