R. v. Aimee

R. v. Aimee

Applying s.724(2) and sentencing principles, the judge found the Crown had not proved beyond reasonable doubt that complainants expressly told their ages but found the accused was wilfully blind and failed to take reasonable steps to ascertain age, depriving him of the mistaken belief defence; weighing aggravating and mitigating factors the judge imposed a global sentence of 17 months net (4 years gross with 31 months credit) plus probation and ancillary orders.

Citation
2010 BCSC 1463
Parties
Crown: Regina; Accused: Jesse James Aimee
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
31 August 2010
Procedural Posture
Criminal / Sentencing
Outcome
Accused convicted and sentenced
Legal Topics
Internet Luring, Sexual Interference, Obstruction of Justice, Age of Consent, Wilful Blindness, Sentencing Principles, Sex Offender Registration, DNA Order, Publication Ban
Source Language
English
Criminal Law Sexual Offences Sentencing Internet Offences Internet Luring Sexual Interference Obstruction of Justice Age of Consent +5 more

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Parties

Regina

Crown

Jesse James Aimee

Accused

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Whether the accused knew the complainants' ages or was wilfully blind
  2. 2 Whether the accused took all reasonable steps to ascertain age (mistaken belief defence)
  3. 3 Proper sentencing range for internet luring and sexual interference

Ratio Decidendi

Applying s.724(2) and sentencing principles, the judge found the Crown had not proved beyond reasonable doubt that complainants expressly told their ages but found the accused was wilfully blind and failed to take reasonable steps to ascertain age, depriving him of the mistaken belief defence; weighing aggravating and mitigating factors the judge imposed a global sentence of 17 months net (4 years gross with 31 months credit) plus probation and ancillary orders.

Court Disposition

Accused convicted and sentenced

Orders

  • Counts 4 and 11 (Internet luring): 16 months imprisonment, concurrent
  • Counts 2 and 10 (sexual interference): 3 years imprisonment, concurrent