R. v. M.D.T.

R. v. M.D.T.

Given the seriousness, age disparity, exploitation of vulnerable unconscious minors and filming, denunciation and deterrence required a custodial sentence; imposed concurrent terms of 3.5 years with 26 months custody credit (net 14 months), conditional sentence rejected; imposed ancillary orders including 18 months' probation, DNA sample order and continuation of publication ban.

Citation
2003 BCSC 2072
Parties
Crown: Regina; Accused: M.D.T.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
4 December 2003
Procedural Posture
Criminal Sexual Assault / Sentencing (oral Reasons)
Outcome
Accused convicted on five counts of sexual assault; sentenced to 3.5 years imprisonment on each count to be served concurrently
Legal Topics
Sexual Assault, Aggravating and Mitigating Factors, Denunciation and Deterrence, Conditional Sentence, Probation, DNA Orders, Publication Ban
Source Language
English
Criminal Law Sentencing Sexual Offences Child and Youth Protection Sexual Assault Aggravating and Mitigating Factors Denunciation and Deterrence Conditional Sentence +3 more

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Parties

Regina

Crown

M.D.T.

Accused

Procedural Posture

Criminal Sexual Assault / Sentencing (oral Reasons)

Legal Issues

  1. 1 Appropriate global sentence for multiple sexual assaults on unconscious minors
  2. 2 Whether offender occupied a position of trust
  3. 3 Appropriateness of a conditional sentence given time served and principles of denunciation/deterrence

Ratio Decidendi

Given the seriousness, age disparity, exploitation of vulnerable unconscious minors and filming, denunciation and deterrence required a custodial sentence; imposed concurrent terms of 3.5 years with 26 months custody credit (net 14 months), conditional sentence rejected; imposed ancillary orders including 18 months' probation, DNA sample order and continuation of publication ban.

Court Disposition

Accused convicted on five counts of sexual assault; sentenced to 3.5 years imprisonment on each count to be served concurrently

Orders

  • Concurrent custodial sentences of 3.5 years on each count
  • Credit for pre-sentence custody: 26 months (net effective custody 14 months)