R. v. Radau

R. v. Radau

Given the offence seriousness but the offender's treatable mental health and substance issues, his supervised stability in the community, absence of breaches, and expert opinion that stringent conditions could manage risk, a conditional sentence of two years less a day with intensive restrictive conditions and 18 months probation achieves denunciation, deterrence and rehabilitation; incarceration was unnecessary and disproportionate in these circumstances.

Citation
2025 BCSC 2112
Parties
Prosecution: Rex; Accused: Cole Alan Daniel Radau; Victim: Rebecca Hansen; Victim: Suzanne Fiddler; Victim: Bryanna Rourke
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
6 October 2025
Procedural Posture
Criminal Extortion (s.346(1.1)(b) Criminal Code) / Sentencing (oral Reasons; Guilty Plea)
Outcome
Conditional sentence order (CSO) of two years less a day to be served in the community; followed by 18 months probation
Legal Topics
Extortion, Sextortion, Sentencing, Conditional Sentence Order, Probation, Restitution, Victim Impact, Risk Assessment
Source Language
English
Criminal Law Extortion Sextortion Sentencing Conditional Sentence Order Probation Restitution Victim Impact +1 more

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Parties

Rex

Prosecution

Cole Alan Daniel Radau

Accused

Rebecca Hansen

Victim

Suzanne Fiddler

Victim

Bryanna Rourke

Victim

Procedural Posture

Criminal Extortion (s.346(1.1)(b) Criminal Code) / Sentencing (oral Reasons; Guilty Plea)

Legal Issues

  1. 1 Appropriate sentence for extortion/sextortion
  2. 2 Whether a conditional sentence order is appropriate and lawful in this case
  3. 3 Assessment of aggravating and mitigating factors including prior offences and victim impact

Ratio Decidendi

Given the offence seriousness but the offender's treatable mental health and substance issues, his supervised stability in the community, absence of breaches, and expert opinion that stringent conditions could manage risk, a conditional sentence of two years less a day with intensive restrictive conditions and 18 months probation achieves denunciation, deterrence and rehabilitation; incarceration was unnecessary and disproportionate in these circumstances.

Court Disposition

Conditional sentence order (CSO) of two years less a day to be served in the community; followed by 18 months probation

Orders

  • CSO for term of two years less a day
  • First 12 months: house arrest 24 hours per day at approved residence unless supervisor approves exception for employment, treatment or compelling reasons