R. v. R.O.A.

R. v. R.O.A.

A penitentiary term was required given the gravity, frequency and breach of trust involved; a conditional sentence was inappropriate because denunciation and general deterrence demanded custody; starting point three years custody, after credit for time in custody the effective sentence imposed was two years and four months; DNA and Sex Offender Information Registry orders were mandatory and were made; a firearms prohibition was not justified because the offence did not involve use or attempted use of violence within s.110.

Citation
2007 BCSC 525
Parties
Crown: Regina; Accused: R.O.A.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
7 March 2007
Procedural Posture
Criminal: Sexual Assault (incest) / Sentencing (oral Reasons)
Outcome
Guilty plea accepted; sentence imposed: 2 years and 4 months custody (after credit); DNA order made; Sex Offender Information Registry order made; firearms prohibition order refused.
Legal Topics
Sexual Assault, Incest, Conditional Sentence, Aggravating and Mitigating Factors, DNA Order, Sex Offender Information Registry, Firearms Prohibition, Pre Sentence Custody Credit
Source Language
English
Criminal Law Sentencing Sexual Offences Evidence (dna) Administrative Orders (sex Offender Registry) Sexual Assault Incest Conditional Sentence +5 more

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Parties

Regina

Crown

R.O.A.

Accused

Procedural Posture

Criminal: Sexual Assault (incest) / Sentencing (oral Reasons)

Legal Issues

  1. 1 Appropriate global sentence for repeated sexual assaults on a stepdaughter
  2. 2 Whether a conditional sentence is appropriate
  3. 3 Whether a DNA order under s.487.052(1)(a) should be made

Ratio Decidendi

A penitentiary term was required given the gravity, frequency and breach of trust involved; a conditional sentence was inappropriate because denunciation and general deterrence demanded custody; starting point three years custody, after credit for time in custody the effective sentence imposed was two years and four months; DNA and Sex Offender Information Registry orders were mandatory and were made; a firearms prohibition was not justified because the offence did not involve use or attempted use of violence within s.110.

Court Disposition

Guilty plea accepted; sentence imposed: 2 years and 4 months custody (after credit); DNA order made; Sex Offender Information Registry order made; firearms prohibition order refused.

Orders

  • Custody sentence of 2 years and 4 months (effective after accounting for pre-sentence custody)
  • DNA order pursuant to Criminal Code s.487.052(1)(a)