R. v. C.C.P.

R. v. C.C.P.

Considering the aggravating factors (incest by a parent, victim age 13, abuse of trust, repeated invasive sexual assaults including forced anal intercourse, use of alcohol and drugs to facilitate offending, attempts to silence the victim, disruption to victim's life, and the offender's criminal record and assessed moderate‑to‑high risk of reoffending) outweighed mitigating factors (guilty pleas, alcoholism, expressed willingness to engage in treatment), the appropriate sentences are concurrent custodial terms of three years for the s.151 sexual touching count and seven years for the s.155 incest count (effective total seven years); ancillary orders include DNA, firearms prohibition,...

Citation
2016 BCSC 520
Parties
Crown: Regina; Accused: C.C.P.; Victim: T.P.; Mother of Victim/interested Party: C.C.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
28 January 2016
Procedural Posture
Criminal Sexual Offences and Breach of Recognizance / Sentencing Hearing Following Guilty Pleas
Outcome
Guilty pleas accepted; accused convicted and sentenced. Effective custodial sentence of seven years for sexual offences with ancillary orders; breach convictions sentenced but credited so no additional custody beyond credit.
Legal Topics
Incest, Sexual Touching of Person Under 16, Mandatory Minimum Sentences, Breach of Recognizance, Section 161 Prohibition Order, DNA and Firearms Prohibition, Sex Offender Registration, Restitution
Source Language
English
Criminal Law Sexual Offences Sentencing Bail/recognizance Incest Sexual Touching of Person Under 16 Mandatory Minimum Sentences Breach of Recognizance +4 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 7 Authorities cited 14 Party arguments 2 Amounts and remedies 9
Sign in to unlock

Parties

Regina

Crown

C.C.P.

Accused

T.P.

Victim

C.C.

Mother of Victim/interested Party

Procedural Posture

Criminal Sexual Offences and Breach of Recognizance / Sentencing Hearing Following Guilty Pleas

Legal Issues

  1. 1 Appropriate sentence for sexual offences against a 13‑year‑old child by her father (s.151 and s.155 Criminal Code)
  2. 2 Application of mandatory minimum sentences and sentencing principles (denunciation, deterrence, proportionality)
  3. 3 Appropriate duration and scope of a s.161 prohibition order

Ratio Decidendi

Considering the aggravating factors (incest by a parent, victim age 13, abuse of trust, repeated invasive sexual assaults including forced anal intercourse, use of alcohol and drugs to facilitate offending, attempts to silence the victim, disruption to victim's life, and the offender's criminal record and assessed moderate‑to‑high risk of reoffending) outweighed mitigating factors (guilty pleas, alcoholism, expressed willingness to engage in treatment), the appropriate sentences are concurrent custodial terms of three years for the s.151 sexual touching count and seven years for the s.155 incest count (effective total seven years); ancillary orders include DNA, firearms prohibition,...

Court Disposition

Guilty pleas accepted; accused convicted and sentenced. Effective custodial sentence of seven years for sexual offences with ancillary orders; breach convictions sentenced but credited so no additional custody beyond credit.

Orders

  • Count 2 (s.151) sentenced to 3 years imprisonment, Count 3 (s.155 incest) sentenced to 7 years imprisonment; sentences to run concurrently for an effective total of 7 years
  • Victim fine surcharge $200 imposed for each of Counts 2 and 3