SELECTED CASE LAW

NOVA SCOTIA:

2018 NSCA 18

In 2016 NSPC 19, the accused, Ms. H, was convicted of child luring, sexual exploitation, and sexual touching of two teenage boys.

Ms. H was an elementary school teacher who sent sexually explicit messages, videos, and photos to two former students, Mr. L and Mr. G, over many months. She performed sexual acts on one of the students.

She was exempt from all mandatory minimum sentences on crimes she was convicted of, given that she was experiencing a period of mania due to her bipolar disorder.

Given her mental illness, she was found less morally culpable and given a 15 months’ conditional sentence, additional orders included a lifetime registration as a sex offender, a weapons prohibition, restrictions on being near children under the age of 16, and a no contract order with the victim.  She had been acquitted previously of sexual interference and sexual assault.  The appeals of the sentence and convictions were dismissed.

See also: 2018 NSCA 18 (appeal); 2016 NSPC 78 (sentencing and Charter challenge); 2016 NSPC 19 (trial).

Criminal Offence(s): Sexual Exploitation, Sexual Assault