R. v. William

R. v. William

Balancing the seriousness of a sexual intercourse offence against a vulnerable 15‑year‑old, strong DNA evidence, the aggravating conduct (intercourse, intoxication of complainant, attempt to influence a witness) and the mitigating factors (no prior record, demonstrated remorse, sustained abstinence and treatment engagement, strong community/Gladue supports), the appropriate fit sentence is one year imprisonment to reflect denunciation and deterrence while recognizing rehabilitation; impose three years' probation with specific conditions and ancillary orders including immediate DNA sample, 20‑year SOIRA, and ten‑year firearms prohibition.

Citation
2014 BCSC 1639
Parties
Crown: Regina; Accused: Quinton Ramsey William; Complainant: Complainant
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
7 July 2014
Procedural Posture
Criminal Sexual Offences / Sentencing (oral Reasons for Sentence)
Outcome
One year imprisonment; three years' probation; ancillary orders imposed
Legal Topics
Sexual Assault, Sentencing Principles, Aboriginal/gladue Considerations, Probation Conditions, DNA Evidence, SOIRA Registration, Firearms Prohibition
Source Language
English
Criminal Law Sentencing Sexual Assault Sentencing Principles Aboriginal/gladue Considerations Probation Conditions DNA Evidence SOIRA Registration +1 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 4 Authorities cited 9 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

Regina

Crown

Quinton Ramsey William

Accused

Complainant

Complainant

Procedural Posture

Criminal Sexual Offences / Sentencing (oral Reasons for Sentence)

Legal Issues

  1. 1 Appropriate length of custodial sentence for sexual intercourse with a 15-year-old complainant
  2. 2 Application of s.718.2(e) Gladue factors for an Aboriginal offender
  3. 3 Relative weight of denunciation and deterrence versus rehabilitation

Ratio Decidendi

Balancing the seriousness of a sexual intercourse offence against a vulnerable 15‑year‑old, strong DNA evidence, the aggravating conduct (intercourse, intoxication of complainant, attempt to influence a witness) and the mitigating factors (no prior record, demonstrated remorse, sustained abstinence and treatment engagement, strong community/Gladue supports), the appropriate fit sentence is one year imprisonment to reflect denunciation and deterrence while recognizing rehabilitation; impose three years' probation with specific conditions and ancillary orders including immediate DNA sample, 20‑year SOIRA, and ten‑year firearms prohibition.

Court Disposition

One year imprisonment; three years' probation; ancillary orders imposed

Orders

  • One year imprisonment
  • Three years' probation with specified conditions including abstain from alcohol and drugs, curfew 10pm‑6am, residence and reporting requirements, no contact with complainant, participation in sexual offender treatment and counselling