R v RBN

In the case of R v RBN, the applicant, a professional photographer, was convicted for unlawfully assaulting a model by running his fingers up from her groin across her stomach area to her breasts, though without touching her breasts. The Crown did not argue that there was a sexual element to the touching and the indictment alleged only common assault. After the applicant pleaded guilty to the offence, the sentencing judge imposed a fine of $1,500 with a three-month payment period but recorded a conviction. The applicant appealed against the conviction, arguing that the sentencing judge had failed to provide adequate reasons for recording the conviction. The appeal focused on the correctness of this decision and the appropriate exercise of sentencing discretion.

The central legal issue before the court was whether the sentencing judge's failure to provide adequate reasons for recording the conviction warranted intervention. The applicant contended that the absence of such reasons constituted a significant error in the exercise of the sentencing discretion, warranting a fresh exercise of that discretion by the appellate court. The Crown, on the other hand, argued that the sentence was within the bounds of the sentencing judge's discretion and that there was no need for the appellate court to intervene. The court needed to determine whether the lack of adequate reasons constituted a material error that required the conviction to be set aside.

Upon reviewing the matter, the court found that the sentencing judge had indeed erred by failing to provide adequate reasons for recording the conviction. The absence of such reasons was deemed a significant error in the exercise of the sentencing discretion. Consequently, the court granted leave to adduce a further affidavit from the applicant and allowed the appeal. The court set aside the part of the sentence that recorded the conviction but otherwise confirmed the sentence, ensuring that the fine and payment period remained in place. This decision underscores the importance of providing clear and adequate reasons for recording a conviction, particularly in cases where the defendant has pleaded guilty and the offence is of a lesser severity.