What factors will be considered in determining the severity of a sexual assault conviction?

New Brunswick, Canada


The following excerpt is from Law Society of New Brunswick v. Allen, 2016 NBLSB 8 (CanLII):

19. The factors to be considered are enumerated in Law Society of British Columbia v. Ogilvie (1999) LSDD No. 45, (1999) LSBC 17 as: a. The nature and gravity of the conduct proven; b. The age and experience of the respondent; c. The previous character of the respondent, including details of prior discipline; d. The impact upon the victim; e. The advantage gained, or to be gained, by the respondent; f. The number of times the offending conduct occurred; g. Whether the respondent acknowledged the misconduct and taken steps to disclose and redress the wrong and the presence or absence of other mitigating circumstances; h. The possibility of remediating or rehabilitating the respondent; i. The impact of the proposed penalty on the respondent; j. The need for specific and general deterrence; k. The need to ensure the public’s confidence in the integrity of the profession; and l. The range of penalties imposed in similar cases.

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