R. v. Skoyen

R. v. Skoyen

Three years imprisonment was imposed because the offence was very serious and the offender bore a high degree of responsibility; aggravating factors (protracted violent non‑consensual acts, threats, profound life‑altering harm to victim) required a denunciatory and deterrent custodial sentence, and although...

Source-derived case information.

Citation
2020 BCSC 362
Parties
Crown: Regina; Accused: Richard Syver Skoyen
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
10 February 2020
Procedural Posture
Criminal Sexual Assault / Sentencing
Outcome
Accused sentenced to three years' imprisonment following conviction for sexual assault; ancillary orders imposed.
Legal Topics
Sentencing, Denunciation, Deterrence, Rehabilitation, DNA Databank, Firearms Prohibition, Sex Offender Registration
Source Language
english
Criminal Law Sexual Offences Sentencing Denunciation Deterrence Rehabilitation DNA Databank Firearms Prohibition +1 more

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Parties

Regina

Crown

Richard Syver Skoyen

Accused

Procedural Posture

Criminal Sexual Assault / Sentencing

  1. 1 Appropriate term of imprisonment for aggravated sexual assault
  2. 2 Whether imprisonment is required despite mitigating factors
  3. 3 Impact of offender's denial of responsibility on sentencing and rehabilitation

Ratio Decidendi

Three years imprisonment was imposed because the offence was very serious and the offender bore a high degree of responsibility; aggravating factors (protracted violent non‑consensual acts, threats, profound life‑altering harm to victim) required a denunciatory and deterrent custodial sentence, and although mitigating factors (first offender, employment history, engagement in counselling, low‑moderate assessed risk) warranted some leniency, they did not justify a sentence below three years within the governing proportionality and parity framework.

Court Disposition

Accused sentenced to three years' imprisonment following conviction for sexual assault; ancillary orders imposed.

Orders

  • Imprisonment for three years
  • Accused to provide DNA sample for inclusion in the DNA databank pursuant to Criminal Code s.487.051 and designation under s.486.04