R. v. Rektor

R. v. Rektor

Given a sustained multi‑year pattern of intimate partner violence including assaults while pregnant, choking, exposure of the child to violence, and abuse of trust, incarceration was necessary to achieve denunciation and deterrence; the offences were distinct in time and nature and therefore consecutive sentences were appropriate; after applying totality the aggregate custodial sentence is 33 months; ancillary orders include no contact while in custody, a ten‑year firearms prohibition from release, and waiver of the victim fine surcharge.

Citation
2025 BCSC 1217
Parties
Crown: Rex; Accused: James Edward Thomas Rektor
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
20 June 2025
Procedural Posture
Criminal Assault (s.266 Criminal Code) / Sentencing (oral Reasons for Sentence)
Outcome
Accused sentenced to 33 months imprisonment following convictions on four counts of assault; ancillary orders made including no contact while in custody, ten‑year weapons prohibition, and waiver of victim fine surcharge.
Legal Topics
Assault, Intimate Partner Violence, Sentencing Principles, Conditional Sentence, Aggravating and Mitigating Factors, Ancillary Orders, Victim Surcharge
Source Language
English

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Parties

Rex

Crown

James Edward Thomas Rektor

Accused

Procedural Posture

Criminal Assault (s.266 Criminal Code) / Sentencing (oral Reasons for Sentence)

  1. 1 Appropriate custodial sentence for multiple incidents of intimate partner assault
  2. 2 Whether a conditional sentence or conditional discharge is appropriate
  3. 3 Whether sentences should be concurrent or consecutive

Ratio Decidendi

Given a sustained multi‑year pattern of intimate partner violence including assaults while pregnant, choking, exposure of the child to violence, and abuse of trust, incarceration was necessary to achieve denunciation and deterrence; the offences were distinct in time and nature and therefore consecutive sentences were appropriate; after applying totality the aggregate custodial sentence is 33 months; ancillary orders include no contact while in custody, a ten‑year firearms prohibition from release, and waiver of the victim fine surcharge.

Court Disposition

Accused sentenced to 33 months imprisonment following convictions on four counts of assault; ancillary orders made including no contact while in custody, ten‑year weapons prohibition, and waiver of victim fine surcharge.

Orders

  • Count 1: 6 months imprisonment
  • Count 2: 9 months imprisonment (consecutive)