R. v. R.M.D.

R. v. R.M.D.

Given the sequential, grooming-based sexual abuse of two minors by a person in a position of trust, and the need for denunciation and deterrence under s.718.01 plus aggravating factors under s.718.02, appropriate global punishment is nine years' imprisonment composed of concurrent sentences within each victim grouping and consecutive application between groups, with conditional stays entered on overlapping counts under the Kienapple principle and ancillary orders for DNA, lifetime registration and a 10-year firearms prohibition.

Citation
2012 BCSC 1889
Parties
Crown: Regina; Accused: R.M.D.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
23 November 2012
Procedural Posture
Criminal Sexual Offences / Sentencing (oral Reasons for Sentence)
Outcome
Accused convicted by jury; sentenced to nine years' imprisonment; conditional stays entered on specified counts; ancillary orders imposed
Legal Topics
Incest, Sexual Assault, Invitation to Sexual Touching, Abuse of Trust, Grooming, Kienapple Principle, Totality Principle, Ancillary Orders (dna, Registration, Firearms)
Source Language
English
Criminal Law Sexual Offences Sentencing Incest Sexual Assault Invitation to Sexual Touching Abuse of Trust Grooming +3 more

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Parties

Regina

Crown

R.M.D.

Accused

Procedural Posture

Criminal Sexual Offences / Sentencing (oral Reasons for Sentence)

Legal Issues

  1. 1 Appropriate global sentence for multiple sexual offences against minors
  2. 2 Application of Kienapple principle to avoid multiple convictions for same conduct
  3. 3 Whether sentences should be concurrent or consecutive

Ratio Decidendi

Given the sequential, grooming-based sexual abuse of two minors by a person in a position of trust, and the need for denunciation and deterrence under s.718.01 plus aggravating factors under s.718.02, appropriate global punishment is nine years' imprisonment composed of concurrent sentences within each victim grouping and consecutive application between groups, with conditional stays entered on overlapping counts under the Kienapple principle and ancillary orders for DNA, lifetime registration and a 10-year firearms prohibition.

Court Disposition

Accused convicted by jury; sentenced to nine years' imprisonment; conditional stays entered on specified counts; ancillary orders imposed

Orders

  • Conditional stays of proceedings entered for Counts 1, 5, 9 and 10 (Kienapple principle)
  • Count 3 (invitation to sexual touching under 14): 3 years' imprisonment