R. v. A.P.G.

R. v. A.P.G.

The court accepted the joint submission as reasonable in the circumstances (death of a complainant, investigative and prosecution difficulties, and community cost of trial) and imposed a global sentence of 1,095 days with 448 days credit, resulting in 647 new days custody to be served, followed by three years probation; mandatory SOIRA lifetime registration, lifetime firearms prohibition under s.109, DNA order, payment of $300 victim surcharge within three years, and stays on remaining related counts were ordered.

Citation
2015 BCSC 2509
Parties
Crown: Regina; Accused: A.P.G.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
20 November 2015
Procedural Posture
Criminal Sexual Assault and Assault / Sentencing (oral Reasons for Sentence)
Outcome
Global sentence imposed accepting joint submission
Legal Topics
Sexual Assault, Assault, Sentencing Submissions, Joint Submission, SOIRA Registration, Firearms Prohibition, Victim Surcharge
Source Language
English
Criminal Law Sexual Offences Sentencing Probation Forensic Psychiatry Sexual Assault Assault Sentencing Submissions +4 more

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Parties

Regina

Crown

A.P.G.

Accused

Procedural Posture

Criminal Sexual Assault and Assault / Sentencing (oral Reasons for Sentence)

Legal Issues

  1. 1 Appropriate global sentence for multiple sexual assaults and assault
  2. 2 Whether to accept joint submission and credit for time served
  3. 3 Application of s.718 sentencing principles and proportionality

Ratio Decidendi

The court accepted the joint submission as reasonable in the circumstances (death of a complainant, investigative and prosecution difficulties, and community cost of trial) and imposed a global sentence of 1,095 days with 448 days credit, resulting in 647 new days custody to be served, followed by three years probation; mandatory SOIRA lifetime registration, lifetime firearms prohibition under s.109, DNA order, payment of $300 victim surcharge within three years, and stays on remaining related counts were ordered.

Court Disposition

Global sentence imposed accepting joint submission

Orders

  • Global custodial sentence of 1,095 days (combined) with credit for 448 days served resulting in 647 new days custody to be served starting immediately
  • Three years probation to follow custody with standard and specific conditions (keep the peace and be of good behaviour; appear when required; notify Court/probation officer of name/address/employment changes; report to probation officer within 72 hours of release at 101 - 250 George Street, Prince George; remain in...