SENTENCING - Criminal Code offences - Sexual assault - Imprisonment - Sentencing considerations

Law360 Canada (October 27, 2022, 2:01 PM EDT) -- Appeal by Nahanee from a decision of the British Columbia Court of Appeal that dismissed his appeal from the eight-year sentence imposed following his guilty pleas to two counts of sexual assault. Nahanee sexually assaulted his niece on a frequent basis over a five-year period, starting when she was 13 years old and he was 19 years old. When Nahanee was 27 years old, he sexually assaulted another niece who was 15 years old. The assaults included unprotected intercourse. At the sentencing hearing, the Crown sought a global sentence of four to six years, while Nahanee sought a sentence of three to three and a half years. The sentencing judge imposed a global sentence of eight years without providing counsel notice she intended to impose a sentence that exceeded the Crown range. The Court of Appeal dismissed Nahanee’s appeal on the basis that the sentencing judge’s failure to alert counsel she planned to impose a sentence in excess of that sought by the Crown was not a reversible error....
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