R. v. C.G.D.

R. v. C.G.D.

Given the persistent, frequent sexual abuse of a very young stepdaughter over six years and the abuse of a position of trust, denunciation and deterrence required a significant custodial term; guilty plea and post‑charge treatment mitigated but did not justify a conditional or significantly reduced sentence, resulting in three years custody for sexual assault plus 90 days consecutive for invitation to sexual touching and ancillary orders (20‑year registration, DNA, firearms and attendance prohibitions).

Citation
2009 BCSC 404
Parties
Crown: Regina; Accused: C.G.D.; Victim: B.; Victim: S.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
9 January 2009
Procedural Posture
Criminal / Sentencing
Outcome
Accused convicted and sentenced to custody: three years for sexual assault plus 90 days consecutive for invitation to sexual touching (total three years and 90 days); ancillary orders imposed
Legal Topics
Sexual Assault, Invitation to Sexual Touching, Sentencing Principles, Aggravating and Mitigating Factors, Ancillary Orders, Sex Offender Registration
Source Language
English
Criminal Law Sentencing Child Protection Sex Offences Sexual Assault Invitation to Sexual Touching Sentencing Principles Aggravating and Mitigating Factors +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 8 Authorities cited 28 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Regina

Crown

C.G.D.

Accused

B.

Victim

S.

Victim

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for repeated sexual assault of a child by a stepparent
  2. 2 Appropriate sentence for invitation to sexual touching of a minor
  3. 3 Whether conditional sentence is available or appropriate

Ratio Decidendi

Given the persistent, frequent sexual abuse of a very young stepdaughter over six years and the abuse of a position of trust, denunciation and deterrence required a significant custodial term; guilty plea and post‑charge treatment mitigated but did not justify a conditional or significantly reduced sentence, resulting in three years custody for sexual assault plus 90 days consecutive for invitation to sexual touching and ancillary orders (20‑year registration, DNA, firearms and attendance prohibitions).

Court Disposition

Accused convicted and sentenced to custody: three years for sexual assault plus 90 days consecutive for invitation to sexual touching (total three years and 90 days); ancillary orders imposed

Orders

  • Custody: three years imprisonment on sexual assault conviction
  • Custody: 90 days imprisonment on invitation to sexual touching conviction to be served consecutive to the three year term