Court of Appeal

Decision Information

R. v. A.N.

Court Court of Appeal
Date 2011-02-18
Citation 2011 NSCA 21
Docket CAC 310631
Judge/Registrar/Adjudicator MacDonald, J. Michael (Honourable Chief Justice) (CA); Oland, Linda L. (Honourable Justice); Fichaud, Joel E. (Honourable Justice)
Document Type Library Sheet
Relations Decision - R. v. A.N. - 2011 NSCA 21 - 2011-02-18 - Decision

Decision Content

                           NOVA SCOTIA COURT OF APPEAL

Citation: R. v. A.N., 2011 NSCA 21

 

Date: 20110218

Docket: CAC 310631

Registry: Halifax

 

Between:                                 

A.N.

Appellant

                                                             v.

 

Her Majesty the Queen

Respondent

 

Publication Ban:   pursuant to s.  486.4 of the Criminal Code

 

 

Judge:                   The Honourable Justice Joel Fichaud

 

Appeal Heard:      February 1, 2011

 

Subject:                 Sentencing for Sexual Assault

 

Summary:             Mr. N. was sentenced to consecutive terms of five years and three years for numerous sexual assaults of his daughters spanning a number of years.  He appealed his sentence

 

Issues:                   Was eight years outside the range?  Did the judge err by not following a joint sentencing recommendation of five years?  Did the judge err in the credit for Mr. N.’s remand time? 

 

Result:                  The judge did not err by declining to follow the joint sentencing recommendation.  There was no error in the judge’s view that five years was below the range given the circumstances here.  Given that Mr. N.’s remand occurred because of his failure to appear, he was not entitled to 2 for 1 credit for remand. 


 

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