R. v. Allen

R. v. Allen

Applying s.718 principles with primary emphasis on denunciation and deterrence, and balancing severe aggravating factors (extreme organized collection and distribution of graphic child pornography, grooming and sexual exploitation of a 14‑year‑old, HIV risk, sophisticated distribution) against mitigating factors (early guilty plea, no prior record, serious health issues, addiction history and engagement in treatment), the judge imposed 18 months for sexual assault and two years consecutive for possession for purpose of distribution, deducted 100 days credit (two-for-one for 50 days pre-trial custody), resulting in a global sentence of three years and three months, and imposed ancillary...

Citation
2012 BCSC 215
Parties
Prosecution: Regina; Accused: Warren Robert Allen
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
20 January 2012
Procedural Posture
Criminal / Sentencing Hearing
Outcome
Convicted on two counts and sentenced to a global term of 3 years and 3 months custody (18 months for sexual assault plus 2 years consecutive for possession for distribution).
Legal Topics
Sexual Assault, Possession for Purpose of Distribution, Sentencing Principles, Ancillary Orders, SOIRA Registration, DNA Order, Firearms Prohibition, Forfeiture
Source Language
English
Criminal Law Sexual Offences Child Pornography Sentencing Sexual Assault Possession for Purpose of Distribution Sentencing Principles Ancillary Orders +4 more

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Parties

Regina

Prosecution

Warren Robert Allen

Accused

Procedural Posture

Criminal / Sentencing Hearing

Legal Issues

  1. 1 Appropriate sentence length and whether sentences should be consecutive
  2. 2 Credit for pre-trial custody and for time on stringent bail conditions
  3. 3 Weight of aggravating v. mitigating factors including extreme nature of materials and offender's health/addiction/early plea

Ratio Decidendi

Applying s.718 principles with primary emphasis on denunciation and deterrence, and balancing severe aggravating factors (extreme organized collection and distribution of graphic child pornography, grooming and sexual exploitation of a 14‑year‑old, HIV risk, sophisticated distribution) against mitigating factors (early guilty plea, no prior record, serious health issues, addiction history and engagement in treatment), the judge imposed 18 months for sexual assault and two years consecutive for possession for purpose of distribution, deducted 100 days credit (two-for-one for 50 days pre-trial custody), resulting in a global sentence of three years and three months, and imposed ancillary...

Court Disposition

Convicted on two counts and sentenced to a global term of 3 years and 3 months custody (18 months for sexual assault plus 2 years consecutive for possession for distribution).

Orders

  • Credit of 100 days (two-for-one for 50 days pre-trial custody) deducted from sentence
  • 18 months imprisonment for sexual assault (s.271(1))