R. v. French

R. v. French

Given the aggravating features (victim's severe vulnerability, vaginal penetration, and the offender's lengthy criminal record), a custodial sentence of three years with credit for 234 days (credited at time-and-a-half) is appropriate; that credit yields a net custodial term of two years plus 131 days to be served in a federal institution. Mandatory DNA sampling under s.487.051(1), a s.109 firearms prohibition (10 years for non-prohibited items and lifetime for prohibited/restricted), and a 20-year Sex Offender Information Registration requirement are ordered.

Citation
2015 BCSC 1363
Parties
Crown: Regina; Accused: Kenneth Cyril James French
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
7 July 2015
Procedural Posture
Criminal Sexual Assault / Sentencing Oral Reasons
Outcome
Sentence imposed: 3 years custody with 234 days pre-trial credit (credited at 1.5) resulting in net 2 years + 131 days to be served in a federal institution; DNA order; firearms prohibition; 20-year sex offender registration.
Legal Topics
Sexual Assault, Denunciation, Deterrence, DNA Order, Firearms Prohibition, Sex Offender Registration, Pre Trial Custody Credit
Source Language
English
Criminal Law Sentencing Sexual Offences Sexual Assault Denunciation Deterrence DNA Order Firearms Prohibition +2 more

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Parties

Regina

Crown

Kenneth Cyril James French

Accused

Procedural Posture

Criminal Sexual Assault / Sentencing Oral Reasons

Legal Issues

  1. 1 Appropriate sentence for sexual assault of a vulnerable adult
  2. 2 Calculation and application of pre-trial custody credit
  3. 3 Imposition of mandatory DNA order

Ratio Decidendi

Given the aggravating features (victim's severe vulnerability, vaginal penetration, and the offender's lengthy criminal record), a custodial sentence of three years with credit for 234 days (credited at time-and-a-half) is appropriate; that credit yields a net custodial term of two years plus 131 days to be served in a federal institution. Mandatory DNA sampling under s.487.051(1), a s.109 firearms prohibition (10 years for non-prohibited items and lifetime for prohibited/restricted), and a 20-year Sex Offender Information Registration requirement are ordered.

Court Disposition

Sentence imposed: 3 years custody with 234 days pre-trial credit (credited at 1.5) resulting in net 2 years + 131 days to be served in a federal institution; DNA order; firearms prohibition; 20-year sex offender registration.

Orders

  • Custody: 3 years with 234 days pre-trial custody credited at time-and-a-half resulting in a net sentence of 2 years plus 131 days to be served in a federal institution
  • DNA order pursuant to s.487.051(1) in Form 5.03 authorizing taking of bodily samples by any peace officer for forensic DNA analysis and registration in the national DNA databank by July 30, 2015