R. v. A.H.K.

R. v. A.H.K.

Applying Friesen and statutory sentencing principles, the Court found multiple, long‑term incestuous and sexual assaults by a parent constituted highly aggravating conduct warranting an upper‑single to double‑digit custodial sentence; imposed 12 years on Count 1, eight years on Count 2 and 18 months on Count 3, to be served concurrently, with six days presentence custody credited to Count 1 (net Count 1 = 11 years, 11 months, 24 days), and ordered mandatory ancillary measures.

Citation
2022 BCSC 1563
Parties
Crown: Regina; Accused: A.H.K.; Complainant: D.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
9 June 2022
Procedural Posture
Criminal Sentencing / Sentencing Hearing
Outcome
Convicted following jury trial; sentenced to 12 years' imprisonment on Count 1 (incest), eight years' imprisonment on Count 2 (sexual assault), and 18 months' imprisonment on Count 3 (assault), all concurrent; six days presentence custody credited against Count 1 yielding net Count 1 term of 11 years, 11 months, 24...
Legal Topics
Incest, Sexual Assault, Assault, Sentencing Principles, Ancillary Orders
Source Language
English
Criminal Law Sexual Offences Sentencing Incest Sexual Assault Assault Sentencing Principles Ancillary Orders

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Parties

Regina

Crown

A.H.K.

Accused

D.

Complainant

Procedural Posture

Criminal Sentencing / Sentencing Hearing

Legal Issues

  1. 1 Appropriate sentence for convictions for incest, sexual assault and assault
  2. 2 Application of R. v. Friesen framework to child sexual abuse sentencing
  3. 3 Assessment of aggravating and mitigating factors including abuse of trust, duration and age of victim

Ratio Decidendi

Applying Friesen and statutory sentencing principles, the Court found multiple, long‑term incestuous and sexual assaults by a parent constituted highly aggravating conduct warranting an upper‑single to double‑digit custodial sentence; imposed 12 years on Count 1, eight years on Count 2 and 18 months on Count 3, to be served concurrently, with six days presentence custody credited to Count 1 (net Count 1 = 11 years, 11 months, 24 days), and ordered mandatory ancillary measures.

Court Disposition

Convicted following jury trial; sentenced to 12 years' imprisonment on Count 1 (incest), eight years' imprisonment on Count 2 (sexual assault), and 18 months' imprisonment on Count 3 (assault), all concurrent; six days presentence custody credited against Count 1 yielding net Count 1 term of 11 years, 11 months, 24...

Orders

  • Credit six days presentence custody against Count 1
  • Firearm and weapons prohibitions for life pursuant to s.109(3) and s.109(2)(b) of the Criminal Code