HMTQ v. Morgan

HMTQ v. Morgan

Given the violent, prolonged and terrorizing sexual assault of a 16-year-old, the accused's related prior convictions, and the limiting effect of an outstanding deportation order on probation, a custodial sentence of five years was appropriate; after applying credit for time served the effective sentence imposed was 40 months and 15 days together with a forensic DNA order and weapons prohibitions.

Citation
2003 BCSC 1766
Parties
Crown: Her Majesty the Queen; Accused: Armechi Dante Morgan
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
12 November 2003
Procedural Posture
Criminal Sexual Assault / Sentencing (oral Reasons for Sentence)
Outcome
Accused convicted by jury and sentenced to imprisonment; DNA sampling authorized; weapons and firearm prohibitions imposed; pre-trial custody credit applied.
Legal Topics
Sexual Assault, Sentencing Precedents, Pre Trial Custody Credit, Prior Related Convictions, DNA Order, Firearm Prohibition, Effect of Deportation on Probation
Source Language
English
Criminal Law Sexual Offences Sentencing Immigration/deportation Forensic DNA Firearms Regulation Sexual Assault Sentencing Precedents +5 more

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Parties

Her Majesty the Queen

Crown

Armechi Dante Morgan

Accused

Procedural Posture

Criminal Sexual Assault / Sentencing (oral Reasons for Sentence)

Legal Issues

  1. 1 Appropriate custodial sentence for violent sexual assault of a minor
  2. 2 Weight to give to prior related convictions that post-dated the offence
  3. 3 Quantum of credit for pre-trial custody

Ratio Decidendi

Given the violent, prolonged and terrorizing sexual assault of a 16-year-old, the accused's related prior convictions, and the limiting effect of an outstanding deportation order on probation, a custodial sentence of five years was appropriate; after applying credit for time served the effective sentence imposed was 40 months and 15 days together with a forensic DNA order and weapons prohibitions.

Court Disposition

Accused convicted by jury and sentenced to imprisonment; DNA sampling authorized; weapons and firearm prohibitions imposed; pre-trial custody credit applied.

Orders

  • Imprisonment for 40 months and 15 days (three years, four months and 15 days)
  • Credit applied for time served pre-trial resulting in reduction of sentence by 19.5 months