SUPREME COURT OF NOVA SCOTIA
Citation: R. v. J.A.H., 2011 NSSC 434
Date: 20111118
Docket: CRH 329525
Registry: Halifax
Between:
Her Majesty the Queen
Plaintiff
v.
J.A.H.
Defendant
LIBRARY HEADING
Restriction on Publication: Section 486.4 CCC Order restricting publication — sexual offences:
486.4 (1) Subject to subsection (2), the presiding judge or justice may make an order directing that any information that could identify the complainant or a witness shall not be published in any document or broadcast or transmitted in any way, in proceedings in respect of
(a) any of the following offences:
(i) an offence under section 151, 152, 153, 153.1, 155, 159, 160, 162, 163.1, 170, 171, 172, 172.1, 173, 210, 211, 212, 213, 271, 272, 273, 279.01, 279.011, 279.02, 279.03, 346 or 347,
(ii) an offence under section 144 (rape), 145 (attempt to commit rape), 149 (indecent assault on female), 156 (indecent assault on male) or 245 (common assault) or subsection 246(1) (assault with intent) of the Criminal Code, chapter C‑34 of the Revised Statutes of Canada, 1970, as it read immediately before January 4, 1983, or
(iii) an offence under subsection 146(1) (sexual intercourse with a female under 14) or (2) (sexual intercourse with a female between 14 and 16) or section 151 (seduction of a female between 16 and 18), 153 (sexual intercourse with step‑daughter), 155 (buggery or bestiality), 157 (gross indecency), 166 (parent or guardian procuring defilement) or 167 (householder permitting defilement) of the Criminal Code, chapter C‑34 of the Revised Statutes of Canada, 1970, as it read immediately before January 1, 1988; or
(b) two or more offences being dealt with in the same proceeding, at least one of which is an offence referred to in any of subparagraphs (a)(i) to (iii).
Mandatory order on application
(2) In proceedings in respect of the offences referred to in paragraph (1)(a) or (b), the presiding judge or justice shall
(a) at the first reasonable opportunity, inform any witness under the age of eighteen years and the complainant of the right to make an application for the order; and
(b) on application made by the complainant, the prosecutor or any such witness, make the order.
Judge: The Honourable Justice Glen G. McDougall
Heard: August 29 - September 2, 2011, in Halifax, Nova Scotia
Oral Decision: October 3, 2011
Written Decision: January 5, 2012
Subject: Sentencing – Sexual Interference, s. 151(a) CC; Judicial Stay of Proceedings – Sexual Assault, s. 271(1)(a) CC.
Summary: Offender convicted of sexual interference and sexual assault of his nine year old daughter. A sentence of six months incarceration less credit for time served amounting to 94 days (47 days at a rate of two days for each day on remand – predates Truth in Sentencing Act) was imposed for the sexual interference offence. A judicial stay of proceedings (R. v. Kienapple) was entered on the sexual assault charge.
Issue: Appropriate sentence for sexual interference.
Result: Sentence of six months less remand credit of 94 days leaving 86 days to be served.
THIS INFORMATION SHEET DOES NOT FORM PART OF THE COURT'S DECISION.
QUOTES MUST BE FROM THE DECISION, NOT THIS LIBRARY SHEET.