R. v. Winston

R. v. Winston

Given the serious sexual assault of a 13-year-old, the offender's high moral blameworthiness despite mitigating personal history, and substantial pre-trial custody entitling him to two-for-one credit, the appropriate disposition balances denunciation/deterrence with rehabilitation: impose minimal additional custodial time (1 day credited fully by pre-trial custody), a three-year probation with strict rehabilitative and abstinence conditions, order forensic DNA sampling and require 20-year sex offender registration; no victim fine surcharge.

Citation
2010 BCSC 1135
Parties
Crown: Regina; Accused: Robert Ross Winston
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
7 May 2010
Procedural Posture
Criminal Sexual Assault / Sentencing
Outcome
Sentence: 1 day imprisonment (credited two years pre-trial custody); probation for 3 years with multiple conditions; DNA sample ordered; Sex Offender Information Registration Act compliance for 20 years; no victim fine surcharge.
Legal Topics
Sentencing Principles, Victim Impact, Pre Trial Custody Credit, DNA Order, Sex Offender Registration, Rehabilitation
Source Language
English
Criminal Law Sexual Offences Sentencing Sentencing Principles Victim Impact Pre Trial Custody Credit DNA Order Sex Offender Registration +1 more

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Parties

Regina

Crown

Robert Ross Winston

Accused

Procedural Posture

Criminal Sexual Assault / Sentencing

Legal Issues

  1. 1 Appropriate sentence for sexual assault of a 13-year-old victim
  2. 2 Weight of guilty plea and pre-trial custody credit
  3. 3 Whether to order forensic DNA sampling

Ratio Decidendi

Given the serious sexual assault of a 13-year-old, the offender's high moral blameworthiness despite mitigating personal history, and substantial pre-trial custody entitling him to two-for-one credit, the appropriate disposition balances denunciation/deterrence with rehabilitation: impose minimal additional custodial time (1 day credited fully by pre-trial custody), a three-year probation with strict rehabilitative and abstinence conditions, order forensic DNA sampling and require 20-year sex offender registration; no victim fine surcharge.

Court Disposition

Sentence: 1 day imprisonment (credited two years pre-trial custody); probation for 3 years with multiple conditions; DNA sample ordered; Sex Offender Information Registration Act compliance for 20 years; no victim fine surcharge.

Orders

  • Custodial sentence of 1 day imprisonment with credit of two years for pre-trial custody (11 months and 20 days served credited as two years)
  • Probation for 3 years with conditions including reporting, residence at Vision Quest facility, no contact with victim or specified persons, abstain from alcohol and illicit drugs, attend and complete counselling/treatment (substance abuse, sex offending, life skills), education/literacy programs, and compliance with...