R. v. T.C.S.T.

R. v. T.C.S.T.

The court accepted the joint submission of a three‑year custodial sentence after applying the Friesen sentencing framework and Anthony‑Cook deferential standard for joint submissions; on the SOIRA issue the court found, on the evidence including a forensic report diagnosing low risk to reoffend, that mandatory...

Source-derived case information.

Citation
2023 BCSC 1656
Parties
Crown: Rex; Accused: T.C.S.T.; Complainant: Z.K.L.; Victim (mother): X.M.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
2 August 2023
Procedural Posture
Criminal Sexual Assault / Sentencing Guilty Plea
Outcome
Guilty plea; sentenced to three years' imprisonment on Count 3; Counts 1 and 2 stayed; granted s.24(1) exemption from SOIRA registration
Legal Topics
Sexual Assault of a Child, Sentencing, SOIRA Exemption (s.490.012), Publication Ban
Source Language
english
Criminal Law Constitutional (charter) Law Sex Offender Registration Sexual Assault of a Child Sentencing SOIRA Exemption (s.490.012) Publication Ban

Source-derived case record

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Parties

Rex

Crown

T.C.S.T.

Accused

Z.K.L.

Complainant

X.M.

Victim (mother)

Procedural Posture

Criminal Sexual Assault / Sentencing Guilty Plea

Legal Issues

  1. 1 Appropriate sentence for sexual assault of a child under s.271
  2. 2 Whether to accept joint submission on sentence
  3. 3 Whether mandatory SOIRA registration (s.490.012) violates s.7 of the Charter by being overbroad

Ratio Decidendi

The court accepted the joint submission of a three‑year custodial sentence after applying the Friesen sentencing framework and Anthony‑Cook deferential standard for joint submissions; on the SOIRA issue the court found, on the evidence including a forensic report diagnosing low risk to reoffend, that mandatory registration under s.490.012 would be overbroad and would violate s.7 of the Charter, and therefore granted an individualized remedy under s.24(1) exempting the offender from SOIRA registration.

Court Disposition

Guilty plea; sentenced to three years' imprisonment on Count 3; Counts 1 and 2 stayed; granted s.24(1) exemption from SOIRA registration

Orders

  • Sentence of three years' imprisonment on Count 3
  • Counts 1 and 2 stayed by Crown direction