R. v. Berry

R. v. Berry

The court held that custody was required: imposed two years' imprisonment for the sexual assault (with 59 days pre-sentence custody credit), one day for the simple assault (time served), nine months for voyeurism regarding Ms. P. and two months for voyeurism regarding Ms. A.; the two voyeurism terms are concurrent with each other but consecutive to the sexual assault term. A conditional sentence was inappropriate because the overall sentence should not be less than two years and community protection and sentencing principles required imprisonment. Ancillary orders made: SOIRA registration, DNA sample order, mandatory firearms prohibitions (minimum statutory durations), sealing of...

Citation
2014 BCSC 284
Parties
Crown: Regina; Accused: Glen Allen Berry
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
14 January 2014
Procedural Posture
Criminal / Sentencing
Outcome
Guilty. Custodial sentence imposed: sexual assault 2 years (59 days credit), simple assault 1 day (time served), voyeurism (Ms. P.) 9 months, voyeurism (Ms. A.) 2 months; voyeurism terms concurrent with each other and consecutive to sexual assault; ancillary orders as stated.
Legal Topics
Sexual Assault, Voyeurism, Conditional Sentence, Pre Sentence Custody, Ancillary Orders, Victim Impact
Source Language
English
Criminal Law Sentencing Sexual Offences Privacy Law Sexual Assault Voyeurism Conditional Sentence Pre Sentence Custody +2 more

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Parties

Regina

Crown

Glen Allen Berry

Accused

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Whether incarceration is required for the sexual assault and voyeurism offences
  2. 2 Whether conditional sentences are appropriate
  3. 3 Appropriate length and concurrency of sentences

Ratio Decidendi

The court held that custody was required: imposed two years' imprisonment for the sexual assault (with 59 days pre-sentence custody credit), one day for the simple assault (time served), nine months for voyeurism regarding Ms. P. and two months for voyeurism regarding Ms. A.; the two voyeurism terms are concurrent with each other but consecutive to the sexual assault term. A conditional sentence was inappropriate because the overall sentence should not be less than two years and community protection and sentencing principles required imprisonment. Ancillary orders made: SOIRA registration, DNA sample order, mandatory firearms prohibitions (minimum statutory durations), sealing of...

Court Disposition

Guilty. Custodial sentence imposed: sexual assault 2 years (59 days credit), simple assault 1 day (time served), voyeurism (Ms. P.) 9 months, voyeurism (Ms. A.) 2 months; voyeurism terms concurrent with each other and consecutive to sexual assault; ancillary orders as stated.

Orders

  • Sexual assault: two years' imprisonment with credit for 59 days pre-sentence custody
  • Simple assault: one day imprisonment satisfied by time served