R. v. Toenders

R. v. Toenders

The court fixed a total global sentence of 45 months' imprisonment (credit for approx. 23 months pre-trial custody and 22 months remaining), within the 3–5 year range for this offence given the violence and penetration involved and the accused's significant prior record; the court imposed ancillary orders necessary for public protection and rehabilitation including lifelong firearms prohibition under s.109, immediate DNA sampling, a 24-month probation order with specific conditions (reporting, approved residence, no contact with complainant, counselling including anger management and sexual offender programs, no weapons, no alcohol, prohibition on entering bars/pubs/nightclubs), and...

Citation
2017 BCSC 2520
Parties
Crown: Regina; Accused: Clayton William Toenders
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
15 December 2017
Procedural Posture
Criminal Sexual Assault / Sentencing (oral Reasons for Sentence)
Outcome
Accused sentenced to a total of 45 months' imprisonment (approx. 23 months credit already served; 22 months remaining). Ancillary orders imposed.
Legal Topics
Denunciation, General and Specific Deterrence, Rehabilitation, Sentence Parity, No Contact Orders, Mandatory Registration
Source Language
English
Criminal Law Sentencing Sexual Offences Probation and Release Conditions Weapons Prohibition Dna/forensic Orders Sex Offender Registry Denunciation +5 more

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Parties

Regina

Crown

Clayton William Toenders

Accused

Procedural Posture

Criminal Sexual Assault / Sentencing (oral Reasons for Sentence)

Legal Issues

  1. 1 Appropriate length of sentence for sexual assault involving violence, oral penetration and attempted vaginal penetration
  2. 2 Application of sentencing principles: denunciation, deterrence, rehabilitation and parity with similar cases
  3. 3 Imposition of lifetime firearms prohibition under s.109 Criminal Code

Ratio Decidendi

The court fixed a total global sentence of 45 months' imprisonment (credit for approx. 23 months pre-trial custody and 22 months remaining), within the 3–5 year range for this offence given the violence and penetration involved and the accused's significant prior record; the court imposed ancillary orders necessary for public protection and rehabilitation including lifelong firearms prohibition under s.109, immediate DNA sampling, a 24-month probation order with specific conditions (reporting, approved residence, no contact with complainant, counselling including anger management and sexual offender programs, no weapons, no alcohol, prohibition on entering bars/pubs/nightclubs), and...

Court Disposition

Accused sentenced to a total of 45 months' imprisonment (approx. 23 months credit already served; 22 months remaining). Ancillary orders imposed.

Orders

  • Total sentence 45 months imprisonment (credit of ~23 months pre-trial custody; 22 months custody remaining)
  • Lifelong prohibition on possession of any firearm, crossbow, restricted or prohibited weapon, ammunition and explosive substances under s.109 Criminal Code