Supreme Court

Revised Library Sheet:

This library sheet has been corrected according to the erratum for the decision dated July 8, 2014 changing the cause and text from R.D.D.G. to R.R.D.G.

Judge:

The Honourable Justice Peter P. Rosinski

Heard:

June 13, 2014 in Halifax, Nova Scotia

Written Decision:

June 19, 2014

Subject:

Sentencing for offences under:  Sections 151, 153 and 271; and Section 145(3) of the Criminal Code – consideration of range of sentence application to stepfather’s molestation of daughter while she was 10 to 13 years of age, and for s. 145(3) offences.  Also the effect of there being no diagnosis that the offender is a paedophile.

Summary:

The offender was found guilty at trial of the sexual molestation charges and pleaded guilty to two counts of breach of Section 145(3).  He stood in the position of a father figure while the victim was 4 years to 15 years old.  The sexual molestation involved fellatio when the victim was 10 to 13 years of age.  In the latter period, there are also instances of simulated intercourse (so-called “dry humping”) and rubbing of the victim’s vagina over her clothing.  A comprehensive forensic sexual behaviour presentence assessment was prepared by Dr. Angela Connors, which provided the Court with substantial insight regarding the offender’s psychological make-up and prospects for rehabilitation.  There was no genuine remorse, and there were significant aggravating factors.

Issues:

What is the appropriate sentence for these offences?

Result:

Five years for sexual molestation charges; six months consecutive in custody on Section 145(3) charges – reduced for presentence custody credit at 1.5 days for each day served – R. v. Summers 2014 SCC 26.