R. v. P.P.K.

R. v. P.P.K.

Given the callous and degrading nature of the assault, the vulnerability of the complainant and continuing harm, a conditional sentence would not satisfy the sentencing objectives of denunciation and general deterrence; the appropriate sentence is 15 months' imprisonment with three years' probation and ancillary orders including no contact, $100 victim surcharge, 10 year firearm prohibition, DNA order and 20 year SOIRA registration.

Citation
2010 BCSC 460
Parties
Crown: Regina; Accused: P.P.K.; Complainant: J.M.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
23 March 2010
Procedural Posture
Criminal Sexual Assault / Sentencing (oral Reasons for Sentence)
Outcome
Accused convicted of sexual assault and sentenced to custodial term.
Legal Topics
Sexual Assault, Conditional Sentence, Victim Impact, DNA Order, Sex Offender Registration, Firearm Prohibition, Facts After Jury Verdict
Source Language
English
Criminal Law Sentencing Sexual Offences Evidence Sexual Assault Conditional Sentence Victim Impact DNA Order +3 more

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Parties

Regina

Crown

P.P.K.

Accused

J.M.

Complainant

Procedural Posture

Criminal Sexual Assault / Sentencing (oral Reasons for Sentence)

Legal Issues

  1. 1 What facts can be found for sentencing after a jury verdict
  2. 2 Whether a conditional sentence is appropriate
  3. 3 Appropriate length of custodial sentence and terms of probation

Ratio Decidendi

Given the callous and degrading nature of the assault, the vulnerability of the complainant and continuing harm, a conditional sentence would not satisfy the sentencing objectives of denunciation and general deterrence; the appropriate sentence is 15 months' imprisonment with three years' probation and ancillary orders including no contact, $100 victim surcharge, 10 year firearm prohibition, DNA order and 20 year SOIRA registration.

Court Disposition

Accused convicted of sexual assault and sentenced to custodial term.

Orders

  • Custodial sentence of 15 months' imprisonment.
  • Upon release, three years' probation with standard conditions including keep the peace and be of good behaviour, appear when required, notify of change of name or address and employment, and absolutely no contact or communication with complainant J.M.