R. v. Sabey

R. v. Sabey

Applied Kienapple to enter conviction only on sexual assault causing bodily harm (Count 2) and conditionally stay sexual assault with a weapon (Count 1); accepted joint submission to declare Sabey a long-term offender under s.753.1 because the assessor's revised report showed a reasonable possibility of eventual control contingent on completion of intensive sexual-offender and related programs; imposed five years' imprisonment in addition to ~22 months pre-sentence custody (credited 2:1) yielding an effective sentence of eight years and eight months, five years' community supervision, DNA order, firearms prohibitions, and time served on Counts 3 and 4.

Citation
2006 BCSC 963
Parties
Crown: Regina; Accused: Donald James Sabey
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
11 May 2006
Procedural Posture
Criminal: Jury Conviction, Dangerous Offender/long Term Offender Application and Sentencing / Sentencing Hearing and Long Term Offender Disposition After Dangerous Offender Assessment; Joint Submission Accepted
Outcome
Conviction entered on Count 2 (sexual assault causing bodily harm); conditional stay entered on Count 1 (sexual assault with a weapon); declared a long-term offender; sentenced to five years' imprisonment plus credit for approximately 22 months pre-sentence custody (effective 8 years 8 months); five years' community...
Legal Topics
Sexual Assault, Unlawful Confinement, Threats, Rule Against Multiple Convictions (kienapple), Pre Sentence Custody Credit, DNA Orders, Firearms Prohibition, Sex Offender Information Registration Act
Source Language
English
Criminal Law Sentencing Dangerous Offender/long Term Offender Sexual Offences Evidence Sexual Assault Unlawful Confinement Threats +5 more

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Parties

Regina

Crown

Donald James Sabey

Accused

Procedural Posture

Criminal: Jury Conviction, Dangerous Offender/long Term Offender Application and Sentencing / Sentencing Hearing and Long Term Offender Disposition After Dangerous Offender Assessment; Joint Submission Accepted

Legal Issues

  1. 1 Whether both sexual-assault convictions could stand given Kienapple rule against multiple convictions
  2. 2 Whether to declare the offender a dangerous offender or a long-term offender
  3. 3 Appropriate length of incarceration and credit for pre-sentence custody

Ratio Decidendi

Applied Kienapple to enter conviction only on sexual assault causing bodily harm (Count 2) and conditionally stay sexual assault with a weapon (Count 1); accepted joint submission to declare Sabey a long-term offender under s.753.1 because the assessor's revised report showed a reasonable possibility of eventual control contingent on completion of intensive sexual-offender and related programs; imposed five years' imprisonment in addition to ~22 months pre-sentence custody (credited 2:1) yielding an effective sentence of eight years and eight months, five years' community supervision, DNA order, firearms prohibitions, and time served on Counts 3 and 4.

Court Disposition

Conviction entered on Count 2 (sexual assault causing bodily harm); conditional stay entered on Count 1 (sexual assault with a weapon); declared a long-term offender; sentenced to five years' imprisonment plus credit for approximately 22 months pre-sentence custody (effective 8 years 8 months); five years' community...

Orders

  • Conditional stay on Count 1 (sexual assault with a weapon)
  • Conviction entered on Count 2 (sexual assault causing bodily harm)