R. v. Drewes

R. v. Drewes

The court accepted the joint global custodial sentence reduced to two years (one year credit) and imposed a three-year probation order because the combination of a recent second sexual offending episode within months of the first, a prior sexual assault conviction, and the particular aggravating facts (restraint, duct tape, pillow over face, force) justified stronger supervisory measures to protect the public and ensure access to prolonged counselling; three years of probation was not unduly strict and balanced rehabilitation and public protection.

Citation
2013 BCSC 221
Parties
Crown: Regina; Accused: Richard William Drewes
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
9 January 2013
Procedural Posture
Criminal Sentencing / Oral Reasons for Sentence
Outcome
Global sentence imposed: two years' imprisonment (one year credit for time served) concurrent on offences; plus three years' probation and ancillary orders (SOIRA registration, lifetime weapons prohibition, DNA sample), and stays on specified counts.
Legal Topics
Sexual Assault, Attempted Confinement, Probation Conditions, SOIRA Registration, DNA Order, Weapons Prohibition, Concurrent Sentence, Time Served Credit
Source Language
English
Criminal Law Sexual Offences Sentencing Sexual Assault Attempted Confinement Probation Conditions SOIRA Registration DNA Order +3 more

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Parties

Regina

Crown

Richard William Drewes

Accused

Procedural Posture

Criminal Sentencing / Oral Reasons for Sentence

Legal Issues

  1. 1 Appropriate length of probation (2 v. 3 years)
  2. 2 Balance between rehabilitation and public protection
  3. 3 Need for SOIRA registration and lifetime weapons prohibition

Ratio Decidendi

The court accepted the joint global custodial sentence reduced to two years (one year credit) and imposed a three-year probation order because the combination of a recent second sexual offending episode within months of the first, a prior sexual assault conviction, and the particular aggravating facts (restraint, duct tape, pillow over face, force) justified stronger supervisory measures to protect the public and ensure access to prolonged counselling; three years of probation was not unduly strict and balanced rehabilitation and public protection.

Court Disposition

Global sentence imposed: two years' imprisonment (one year credit for time served) concurrent on offences; plus three years' probation and ancillary orders (SOIRA registration, lifetime weapons prohibition, DNA sample), and stays on specified counts.

Orders

  • Imprisonment of two years concurrent for all convictions with one year credit for time served
  • Probation for three years with conditions including keep the peace and be of good behaviour, report to probation officer within 48 hours of release and thereafter as directed, provide residential address and notify before change, no contact with Ms. T.S. or Ms. T.A., abstain from alcohol and controlled substances...