R. v. James Louis Budrow

R. v. James Louis Budrow

Given the offender's prior sexual‑assault conviction, the similarity of circumstances, the need for comprehensive sex‑offender treatment available in the federal system, and applying remand credit, the appropriate disposition was two years custody in a federal penitentiary followed by two years probation with mandatory terms and discretionary counselling; a ten‑year firearms prohibition was imposed and a DNA order was unnecessary because the profile was already on record.

Citation
2003 BCSC 382
Parties
Crown: Her Majesty the Queen; Accused: James Louis Budrow
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
14 February 2003
Procedural Posture
Criminal / Sentencing
Outcome
Accused convicted on two counts of sexual assault; sentenced to two years custody in a federal penitentiary followed by two years probation; ten‑year firearms prohibition; no DNA order as profile already on record.
Legal Topics
Sexual Assault, Administration of Noxious Substance, Sentencing Principles, Remand Credit, Probation Conditions, Firearms Prohibition, DNA Registry
Source Language
English
Criminal Law Sentencing Sexual Offences Sexual Assault Administration of Noxious Substance Sentencing Principles Remand Credit Probation Conditions +2 more

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Parties

Her Majesty the Queen

Crown

James Louis Budrow

Accused

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate custodial sentence for repeated sexual assaults with prior sexual‑assault conviction
  2. 2 Whether federal custody is required to provide adequate sexual‑offender treatment
  3. 3 Application of remand credit (dead time) to sentence

Ratio Decidendi

Given the offender's prior sexual‑assault conviction, the similarity of circumstances, the need for comprehensive sex‑offender treatment available in the federal system, and applying remand credit, the appropriate disposition was two years custody in a federal penitentiary followed by two years probation with mandatory terms and discretionary counselling; a ten‑year firearms prohibition was imposed and a DNA order was unnecessary because the profile was already on record.

Court Disposition

Accused convicted on two counts of sexual assault; sentenced to two years custody in a federal penitentiary followed by two years probation; ten‑year firearms prohibition; no DNA order as profile already on record.

Orders

  • Convicted on two counts of sexual assault
  • Two years imprisonment to be served in a federal penitentiary