R. v. J.R.M., 2012 NSSC 108

SUPREME COURT OF NOVA SCOTIA Citation: R. v. J.R.M. , 2012 NSSC 108 Date: 20120308 Docket: CRH 340391 Registry: Halifax Between: Her Majesty the Queen v. J.R.M. LIBRARY HEADING Restriction on Publication:

Section 486 C.C.C. (Sexual Assault) Judge : The Honourable Justice M. Heather Robertson Heard: March 8, 2012, in Halifax, Nova Scotia Decision: March 8, 2012 (SENTENCING) Written Release of Decision: March 19, 2012 Subject: J.R.M. found guilty of sexual assault.

Summary: J.R.M. and friends were partying - consuming alcohol and drugs. J.R.M. had planned to sleep in the livingroom, giving up his bed to two girls who were overnight guests. Sometime after they retired he climbed into his bed and commence having sex with the girl beside him, who awoke from her sleep and fled. Issue: Appropriate Sentence

Result: J.R.M. sentenced to two years in a federal penitentiary. THIS INFORMATION SHEET DOES NOT FORM PART OF THE COURT'S DECISION. QUOTES MUST BE FROM THE DECISION, NOT THIS LIBRARY SHEET . SUPREME COURT OF NOVA SCOTIA Citation: R. v. J. R. M. , 2012 NSSC 108 Date: 20120308 Docket: CRH 340391 Registry: Halifax Between: Her Majesty the Queen v. J. R. M. Restriction on publication:

Section 486 C.C.C. (Sexual Assault) Judge: The Honourable Justice M. Heather Robertson Heard: March 8, 2012, in Halifax, Nova Scotia Decision: March 8, 2012 (SENTENCING) Written Release of Decision: March 19, 2012 Counsel: Rick Woodburn, for the Crown Patrick MacEwen, for the Accused Robertson, J. : (Orally)

[ 1 ] This is the sentencing of J.R.M. who was found guilty of committing a sexual assault on May 1, 2010, on December 19, 2011. [ 2 ] Counsel, thank you for your good work in coming to what appears to be a fair and balanced resolution of the matter with respect to sentencing. I reviewed the law myself yesterday even though I had not received it from you because I was interested in the entire spectrum of sentences that could have been imposed for a crime of this sort. There is no question all of the appeal courts across the land speak to the issue of deterrence as being of foremost importance.

Custodial sentences of 15 months and upward seem the norm. [ 3 ] I have considered the provisions of

section 718 of the C.C.C., the purpose and principles of sentencing. [ 4 ] Society is littered with victims, people have been hurt by this conduct and it is very difficult for the courts to deal with it. I have read the complainant ’ s impact statement. There is no question she has had to struggle too for the last two years and I wish Ms. J. well. She sounds like she has come to some resolution after this event. She is two years older. Bad things happen in life and one has to move on and she has indicated she can do that now. [ 5 ] As for you Mr. M., you are a man of some promise if you can overcome your demons.

I was admiring of you for doing that before this trial even began by spending nine months at Talbot House. I was almost a little surprised when I received the joint recommendation yesterday because I thought there might have been some other suggested sentence, but Talbot House is no more. I am sad about that, but I respect your own choice Mr. M. to seek federal time and the counselling it affords. It will hopefully provide you with the programs and the structure that you require to complete your rehabilitation.

And, as much as deterrence is a focus of these sentences I do not like to see a young man with some promise who has made a bad mistake not carry on with his life and make it and survive and become a useful good person. It is important that you put booze and drugs behind you and can get life started. I do not think you are going to have an easy road. It is not a good thing to go to a federal penitentiary. The crime itself is a difficulty, but there are programs and you can make it and I am proud of you for actually making a choice yourself in that direction.

So, it is up to you and maybe there is some more education to be had while you are there or some skills training. Just look to the future and forgive yourself for what has happened and carry on with life. [ 6 ] So, thank you counsel. I am appreciative of your work. I think this is a balanced and fair sentence in this circumstances. I accept the recommendation and accordingly I sentence you to two years in a federal institution as per the joint recommendation. I am prepared to sign the orders that are before the Court that are required - DNA and offender registration, etc. Justice M. Heather Robertson