R. v. Parker

Parties

Procedural Posture

Criminal Sexual Assault / Decision on Sentencing and Charter S.24(1) Remedy Re: SOIRA Exemption

Legal Issues

1. 1 Whether a conditional discharge is appropriate under s.730 of the Criminal Code
2. 2 Whether the accused meets the high standard of gross disproportionality to be exempted from the suspension of invalidity of s.490.012 under s.24(1) of the Charter
3. 3 Whether mandatory SOIRA registration is grossly disproportionate to the legislative objective in the accused's individual circumstances

Ratio Decidendi

The court found on the balance of probabilities that Mr. Parker posed little risk of reoffending and that there was a marked and serious imbalance between the objective of s.490.012 and the significant liberty infringements SOIRA would impose in his individual circumstances; accordingly a tailored s.24(1) remedy exempted him from the suspension of invalidity so s.490.012 does not apply to him. On sentencing the court imposed a suspended sentence and two-year probation with conditions.

Court Disposition

Accused found guilty after trial; sentence imposed — suspended sentence and two-year probation with ancillary conditions; granted s.24(1) remedial exemption so s.490.012 SOIRA shall not apply to Mr. Parker

Orders

• Impose suspended sentence
• Probation for two years with conditions: report to Probation Services within two business days and thereafter as directed; no contact directly or indirectly with C.W.; remain at least 50 metres from any residence or workplace of C.W.; undergo assessment and counselling as directed by Probation Services