R. v. L.I.

R. v. L.I.

The court found denunciation and deterrence paramount given repeated, severe assaults on very young children and sexual assaults on the spouse by a person in a position of trust; religious justification rejected; lack of remorse and the significant impact on victims warranted an effective custodial sentence. The...

Source-derived case information.

Citation
2014 BCSC 2550
Parties
Crown: Regina; Offender: L.I.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
15 December 2014
Procedural Posture
Criminal / Sentencing
Outcome
Convicted on Counts 1 and 4 to 7; conditional stay entered on Counts 2 and 3; acquitted on Count 8; sentenced to imprisonment with an effective term of 4.5 years; ancillary DNA and prohibitions ordered.
Legal Topics
Sentencing, Assault With a Weapon, Sexual Assault, Aggravating Factors, Victim Impact
Source Language
english
Criminal Law Family Violence Sexual Assault Child Abuse Sentencing Assault With a Weapon Aggravating Factors Victim Impact

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Parties

Regina

Crown

L.I.

Offender

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Proper sentence for sexual assault of spouse
  2. 2 Proper sentence for assaults against young children with a weapon
  3. 3 Whether sentences should be consecutive or concurrent

Ratio Decidendi

The court found denunciation and deterrence paramount given repeated, severe assaults on very young children and sexual assaults on the spouse by a person in a position of trust; religious justification rejected; lack of remorse and the significant impact on victims warranted an effective custodial sentence. The court imposed 3.5 years for Count 7, one year on Count 5, one year on Count 6 (concurrent with Count 5), six months on Count 1 concurrent with Count 7, three months on Count 4 concurrent with Counts 5 and 6, ordered Count 5 consecutive to Count 7, producing an effective total sentence of 4.5 years, and imposed DNA and 10-year records and firearms orders.

Court Disposition

Convicted on Counts 1 and 4 to 7; conditional stay entered on Counts 2 and 3; acquitted on Count 8; sentenced to imprisonment with an effective term of 4.5 years; ancillary DNA and prohibitions ordered.

Orders

  • Count 7: 3.5 years imprisonment
  • Count 1: 6 months imprisonment concurrent with Count 7