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

New Brunswick, Canada


The following excerpt is from Law Society of New Brunswick v. Peters, 2013 NBLSB 6 (CanLII):

26. The factors to be considered were enumerated in Law Society of British Columbia v. Ogilvie (LSBC)[2] 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 has acknowledged the misconduct and taken steps to disclose and redress the wrong and the presence or absence of other mitigating circumstances; [Page 9] h) the possibility of remediating or rehabilitating the respondent; i) the impact on the respondent of criminal or other sanctions or penalties; j) the impact of the proposed penalty on the respondent; k) the need for specific and general deterrence; l) the need to ensure the public’s confidence in the integrity of the profession; and m) the range of penalties imposed in similar cases.

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