R. v. F.E.H.

R. v. F.E.H.

Judge found the offences occurred after November 1, 2005 (based on victim age) so the statutory minimums applied rendering a conditional sentence unavailable; having weighed aggravating and mitigating factors and existing authorities the judge imposed a global custodial sentence of 38 months (counts 1 and 3: 20 months concurrent; counts 8 and 9: 18 months concurrent and consecutive to counts 1 and 3) and ordered DNA, lifetime SOIRA reporting, a ten‑year firearms prohibition and five‑year prohibitions on attendance at child venues, volunteer positions involving children and any contact with the victims; victim surcharge waived.

Citation
2015 BCSC 175
Parties
Crown: Regina; Accused: F.E.H.; Victim: D.H.; Victim: H.M.; Victim: A.G.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
23 January 2015
Procedural Posture
Criminal Sentencing / Sentencing Hearing
Outcome
Offender convicted and sentenced to custody with ancillary orders
Legal Topics
Sexual Assault, Sexual Touching, Abuse of Trust, Sentencing Principles, Conditional Sentence, Minimum Sentence, Ancillary Orders, Publication Ban
Source Language
English
Criminal Law Sentencing Sexual Offences Family Law Sexual Assault Sexual Touching Abuse of Trust Sentencing Principles +4 more

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Parties

Regina

Crown

F.E.H.

Accused

D.H.

Victim

H.M.

Victim

A.G.

Victim

Procedural Posture

Criminal Sentencing / Sentencing Hearing

Legal Issues

  1. 1 Whether a conditional sentence is available given the November 1, 2005 Criminal Code amendments
  2. 2 Proper sentence range and application of consecutive versus concurrent sentences for multiple child victims
  3. 3 Identification and weight of aggravating and mitigating factors

Ratio Decidendi

Judge found the offences occurred after November 1, 2005 (based on victim age) so the statutory minimums applied rendering a conditional sentence unavailable; having weighed aggravating and mitigating factors and existing authorities the judge imposed a global custodial sentence of 38 months (counts 1 and 3: 20 months concurrent; counts 8 and 9: 18 months concurrent and consecutive to counts 1 and 3) and ordered DNA, lifetime SOIRA reporting, a ten‑year firearms prohibition and five‑year prohibitions on attendance at child venues, volunteer positions involving children and any contact with the victims; victim surcharge waived.

Court Disposition

Offender convicted and sentenced to custody with ancillary orders

Orders

  • Counts 1 and 3: 20 months imprisonment, concurrent with each other
  • Counts 8 and 9: 18 months imprisonment, concurrent with each other and consecutive to counts 1 and 3