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
Case Brief
Summary, issues, holding and outcome
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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)
Legal Issues
- 1 Appropriate custodial sentence for multiple incidents of intimate partner assault
- 2 Whether a conditional sentence or conditional discharge is appropriate
- 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)
Full Case Text
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