R. v. Chandra

R. v. Chandra

The breach was an isolated, brief event by a parent supervising his own children that placed him in a prohibited position of trust; given the mitigating factors including guilty plea, modest means and low likelihood of recurrence, a fine within the joint proposed range is fit—court imposed a $400 fine payable in three months as it meets sentencing purposes.

Citation
2013 BCSC 792
Parties
Crown: Regina; Accused: Anil Chandra
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
2 April 2013
Procedural Posture
Criminal / Sentencing
Outcome
Convicted on guilty plea for breach of s.161 prohibition order and sentenced to a fine of $400
Legal Topics
Section 161 Criminal Code, Prohibition Order, Breach of Prohibition Order, Fines, Mitigation
Source Language
English
Criminal Law Sentencing Sexual Offences Breach of Court Order Section 161 Criminal Code Prohibition Order Breach of Prohibition Order Fines +1 more

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Parties

Regina

Crown

Anil Chandra

Accused

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Whether the accused breached a s.161 prohibition order
  2. 2 Appropriate sentence for breach of a s.161 order
  3. 3 Weight to give guilty plea and personal/financial mitigation

Ratio Decidendi

The breach was an isolated, brief event by a parent supervising his own children that placed him in a prohibited position of trust; given the mitigating factors including guilty plea, modest means and low likelihood of recurrence, a fine within the joint proposed range is fit—court imposed a $400 fine payable in three months as it meets sentencing purposes.

Court Disposition

Convicted on guilty plea for breach of s.161 prohibition order and sentenced to a fine of $400

Orders

  • Fine of $400 payable within three months
  • Conviction recorded