R. v. M.S.M. & J.K.M.

R. v. M.S.M. & J.K.M.

Judge weighed aggravating factors (prolonged grooming, repeated anal intercourse, physical beatings, betrayal of trust, severe lasting harm) against mitigating factors (no prior record, remorse, rehabilitation) and concluded that denunciation and general deterrence mandated a custodial sentence exceeding two years less a day for M.S.M.; imposed a global 30-month sentence with specified concurrency. For J.K.M. the judge found the prerequisites for a conditional sentence met and imposed two years less one day to be served in the community subject to strict conditions. Ordered 20-year SOIRA registration and DNA sampling under statutory authority.

Citation
2006 BCSC 1938
Parties
Crown: Regina; Accused: M.S.M.; Accused: J.K.M.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
29 November 2006
Procedural Posture
Criminal / Sentencing
Outcome
M.S.M. sentenced to 30 months imprisonment (custodial). J.K.M. sentenced to two years less one day to be served as a conditional sentence with specified mandatory and additional conditions. Both offenders subject to SOIRA registration for 20 years and DNA sample order made under s.487.051.
Legal Topics
Sexual Assault, Buggery, Gross Indecency, Sentencing, Sex Offender Registry, DNA Sampling, Conditional Sentence, Abuse of Trust, Victim Impact
Source Language
English
Criminal Law Sexual Assault Buggery Gross Indecency Sentencing Sex Offender Registry DNA Sampling Conditional Sentence +2 more

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Parties

Regina

Crown

M.S.M.

Accused

J.K.M.

Accused

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate global sentence for repeated historical sexual offences including buggery and gross indecency
  2. 2 Whether custodial sentence is required for M.S.M. and whether a conditional sentence is appropriate for J.K.M.
  3. 3 Weight of aggravating factors: abuse of trust, grooming, physical violence and repetition

Ratio Decidendi

Judge weighed aggravating factors (prolonged grooming, repeated anal intercourse, physical beatings, betrayal of trust, severe lasting harm) against mitigating factors (no prior record, remorse, rehabilitation) and concluded that denunciation and general deterrence mandated a custodial sentence exceeding two years less a day for M.S.M.; imposed a global 30-month sentence with specified concurrency. For J.K.M. the judge found the prerequisites for a conditional sentence met and imposed two years less one day to be served in the community subject to strict conditions. Ordered 20-year SOIRA registration and DNA sampling under statutory authority.

Court Disposition

M.S.M. sentenced to 30 months imprisonment (custodial). J.K.M. sentenced to two years less one day to be served as a conditional sentence with specified mandatory and additional conditions. Both offenders subject to SOIRA registration for 20 years and DNA sample order made under s.487.051.

Orders

  • M.S.M.: 30 months imprisonment on Count 6 (buggery) with concurrent 12 months on Count 2, 12 months concurrent on Count 4, 6 months concurrent on Count 7 and 6 months concurrent on Count 11.
  • J.K.M.: Two years less one day to be served in the community as a conditional sentence concurrent on Counts 8 and 9; concurrent six months on Count 12.