SELECTED CASE LAW

NOVA SCOTIA:

2004 NSCA 7

In 2004 NSCA 7, Mr. G, a 31-year-old man, pleaded guilty to sexual assault, sexual interference, and possessing and making child pornography.

He committed the offences against children in his care while he was on parole from a previous federal sentence (not of a sexual offence). Ms. B, his girlfriend, found several polaroid photos of nude girls aged approximately 5 to 8 years old, including her own daughter. After confront-ing Mr. G, he admitted to sexually touching and photographing the girls for a sexual purpose. An investigation resulted in Mr. G confessing to sexually touching and photographing three other children in the neighbourhood. He often used his penis to touch the children or to suggest sexual activity. Over 1,500 photos were located on his computer, the majority of which were of child pornography.

At trial he was sentenced to 8 years in jail, was designated as a long-term offender, and had his parole eligibility delayed until he had served at least half his sentence. He would be subject to 10 years of community supervision upon release.

Mr. G appealed the sentence, arguing it was excessive.

The appeal judge found the sentence to be appropriate for the offences in question and his appeal was dismissed. It was found that he posed a high risk to the community.

 

Criminal Offence(s): Sexual Assault