R. v. J.R.S.

R. v. J.R.S.

Given the planned, purposeful and prolonged nature of the assault and kidnapping, the offender's prior related convictions, the abuse of a partner and commission of offences while on bail and probation, and psychiatric evidence indicating high risk and need for treatment, a substantial sentence was required to achieve denunciation, deterrence and protection of the public; a global sentence of six years with concurrent lesser sentences and actual pre‑trial custody credit of six months (resulting in an effective 5.5 years for the sexual assault count) was fit and proportionate.

Citation
2013 BCSC 2413
Parties
Crown: Regina; Accused: J.R.S.; Victim: D.S.; Victim: J.L.; Victim: D.B.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
17 December 2013
Procedural Posture
Criminal (sexual Assault Causing Bodily Harm; Kidnapping; Unlawful Confinement; Uttering Threat; Possession of Weapon) / Sentencing
Outcome
Global sentence imposed: six years for sexual assault causing bodily harm with other counts concurrent; six months pre‑trial custody credited against the six‑year sentence resulting in effective five years six months custodial sentence for the sexual assault count.
Legal Topics
Sentencing Range, Aggravating and Mitigating Factors, Risk Assessment and Psychiatric Reports, Sex Offender Information Registration Act (soira), Pre‑trial Custody Credit
Source Language
English
Criminal Law Sentencing Sexual Offences Domestic Violence Sentencing Range Aggravating and Mitigating Factors Risk Assessment and Psychiatric Reports Sex Offender Information Registration Act (soira) +1 more

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Parties

Regina

Crown

J.R.S.

Accused

D.S.

Victim

J.L.

Victim

D.B.

Victim

Procedural Posture

Criminal (sexual Assault Causing Bodily Harm; Kidnapping; Unlawful Confinement; Uttering Threat; Possession of Weapon) / Sentencing

Legal Issues

  1. 1 Appropriate global sentence for sexual assault causing bodily harm combined with kidnapping and related offences
  2. 2 Weight to be given to guilty pleas entered on four counts
  3. 3 Aggravating factors: abuse of partner and offences committed while on bail/probation

Ratio Decidendi

Given the planned, purposeful and prolonged nature of the assault and kidnapping, the offender's prior related convictions, the abuse of a partner and commission of offences while on bail and probation, and psychiatric evidence indicating high risk and need for treatment, a substantial sentence was required to achieve denunciation, deterrence and protection of the public; a global sentence of six years with concurrent lesser sentences and actual pre‑trial custody credit of six months (resulting in an effective 5.5 years for the sexual assault count) was fit and proportionate.

Court Disposition

Global sentence imposed: six years for sexual assault causing bodily harm with other counts concurrent; six months pre‑trial custody credited against the six‑year sentence resulting in effective five years six months custodial sentence for the sexual assault count.

Orders

  • Count 12 (sexual assault causing bodily harm): six years custody, concurrent
  • Count 9 (kidnapping): two years custody, concurrent