R. v. Hart

R. v. Hart

Given the extreme seriousness of abducting and sexually assaulting very young children, the accused's lack of remorse and empathy, the refusal to co-operate with psychological assessment leaving an incomplete risk profile, and the need to protect the community and deter similar conduct, a custodial sentence was required; the court imposed concurrent federal terms resulting in an effective 4.5 year imprisonment, applied calculated credit for 318 days pre-sentence custody (generally 2:1 except the three month trial-related period at 1:1), and ordered statutory prohibitions and DNA sampling.

Citation
2002 BCSC 1505
Parties
Crown: Regina; Accused: Benjamin Corey Hart
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
24 October 2002
Procedural Posture
Criminal Kidnapping and Sexual Assault / Sentencing (reasons for Sentence)
Outcome
Accused sentenced to custody following convictions for kidnapping and sexual assault; concurrent custodial terms imposed with statutory prohibitions and DNA order.
Legal Topics
Sentencing Principles, Aggravating and Mitigating Factors, Pre Sentence Custody Credit, Psychiatric/forensic Assessment Refusal, Firearm Prohibition, DNA Sampling Order
Source Language
English
Criminal Law Sentencing Child Sexual Assault Kidnapping Forensic Evidence/dna Sentencing Principles Aggravating and Mitigating Factors Pre Sentence Custody Credit +3 more

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Parties

Regina

Crown

Benjamin Corey Hart

Accused

Procedural Posture

Criminal Kidnapping and Sexual Assault / Sentencing (reasons for Sentence)

Legal Issues

  1. 1 Appropriate custodial sentence for kidnapping and sexual assault of young children
  2. 2 Appropriate credit for pre-sentence custody
  3. 3 Whether refusal to participate in psychological assessment permits adverse inference and affects sentencing and community protection

Ratio Decidendi

Given the extreme seriousness of abducting and sexually assaulting very young children, the accused's lack of remorse and empathy, the refusal to co-operate with psychological assessment leaving an incomplete risk profile, and the need to protect the community and deter similar conduct, a custodial sentence was required; the court imposed concurrent federal terms resulting in an effective 4.5 year imprisonment, applied calculated credit for 318 days pre-sentence custody (generally 2:1 except the three month trial-related period at 1:1), and ordered statutory prohibitions and DNA sampling.

Court Disposition

Accused sentenced to custody following convictions for kidnapping and sexual assault; concurrent custodial terms imposed with statutory prohibitions and DNA order.

Orders

  • Counts 1 and 3 (kidnapping): 4.5 years imprisonment to be served concurrently.
  • Counts 2 and 4 (sexual assault): 3 years imprisonment to be served concurrently with each other and with Counts 1 and 3.