R. v. T.J.B.

R. v. T.J.B.

Imposed a global custodial sentence of four years and six months for sexual assault and invitation to sexual touching (with related sexual touching conviction conditionally stayed under Kienapple) because aggravating factors — very young victim, prolonged and repeated severe abuse, position of trust, grooming, age...

Source-derived case information.

Citation
2015 BCSC 855
Parties
Crown: Regina; Accused: T.J.B.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
1 May 2015
Procedural Posture
Criminal Sexual Offences / Sentencing (oral Reasons for Sentence)
Outcome
Accused convicted; sentence imposed of four years and six months' imprisonment; one conviction for sexual touching conditionally stayed under Kienapple
Legal Topics
Sexual Assault, Sexual Interference, Invitation to Sexual Touching, Kienapple Principle, Sex Offender Registration, Prohibitions Under S.161, DNA Order
Source Language
english
Criminal Law Sentencing Sexual Offences Child Protection Sexual Assault Sexual Interference Invitation to Sexual Touching Kienapple Principle +3 more

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Summary, issues, holding and outcome

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Parties

Regina

Crown

T.J.B.

Accused

Procedural Posture

Criminal Sexual Offences / Sentencing (oral Reasons for Sentence)

Legal Issues

  1. 1 Appropriate length of incarceration for prolonged sexual abuse of a young child
  2. 2 Application of the Kienapple principle to related convictions
  3. 3 Assessment of aggravating and mitigating factors including position of trust and denial/lack of remorse

Ratio Decidendi

Imposed a global custodial sentence of four years and six months for sexual assault and invitation to sexual touching (with related sexual touching conviction conditionally stayed under Kienapple) because aggravating factors — very young victim, prolonged and repeated severe abuse, position of trust, grooming, age disparity and moderate-to-high risk of reoffending — outweighed mitigating factors (first offence, community contributions); ancillary orders including lifetime registration, DNA sample and five-year s.161 prohibitions were authorized and imposed.

Court Disposition

Accused convicted; sentence imposed of four years and six months' imprisonment; one conviction for sexual touching conditionally stayed under Kienapple

Orders

  • Sexual touching conviction conditionally stayed under Kienapple principle
  • Custodial sentence of 4 years and 6 months imprisonment