R. v. Bond

R. v. Bond

Kienapple did not apply because s.153(1)(a) contains distinct legal elements; although a conditional sentence was legally available due to Charter s.11, it was inappropriate given the gravity, duration, position of trust, need for denunciation and deterrence, relevant precedents and public safety; therefore imposed concurrent custodial sentences of two years on each count followed by three years' probation with restrictive conditions.

Citation
2017 BCSC 1808
Parties
Crown: Regina; Accused: Albert Wellington Bond
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
25 August 2017
Procedural Posture
Criminal Sexual Offences / Sentencing (oral Reasons)
Outcome
Convicted; sentenced to two years' imprisonment on each count, concurrent; followed by three years' probation.
Legal Topics
Conditional Sentence, Kienapple Principle, Publication Ban, Aggravating and Mitigating Factors, Probation Conditions
Source Language
English
Criminal Law Sentencing Sexual Offences Charter Law Conditional Sentence Kienapple Principle Publication Ban Aggravating and Mitigating Factors +1 more

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Parties

Regina

Crown

Albert Wellington Bond

Accused

Procedural Posture

Criminal Sexual Offences / Sentencing (oral Reasons)

Legal Issues

  1. 1 Availability of conditional sentence under s.11 Charter
  2. 2 Applicability of the Kienapple principle to duplicate convictions
  3. 3 Appropriate sentence range for historical sexual offences by an older offender

Ratio Decidendi

Kienapple did not apply because s.153(1)(a) contains distinct legal elements; although a conditional sentence was legally available due to Charter s.11, it was inappropriate given the gravity, duration, position of trust, need for denunciation and deterrence, relevant precedents and public safety; therefore imposed concurrent custodial sentences of two years on each count followed by three years' probation with restrictive conditions.

Court Disposition

Convicted; sentenced to two years' imprisonment on each count, concurrent; followed by three years' probation.

Orders

  • Two years' imprisonment on each count, to be served concurrently.
  • Three years' probation with conditions including keep the peace and be of good behaviour; report to probation within one week of release; provide and maintain address and telephone information.