R. v. Cadman

R. v. Cadman

The judge independently determined, consistent with the jury verdicts and s.724, that two incidents of sexual assault occurred (masturbation at UBC and at Whistler) but rejected the Crown's allegation of fellatio; Crown failed to prove a position of trust beyond a reasonable doubt; the conditional sentence regime was available and, given the offender's lack of prior record, long unblemished employment history, absence of paedophilic risk and the passage of time without reoffending, a conditional sentence of two years less a day served concurrently on both counts with strict house-arrest and ancillary conditions was fit; ordered partial compensation of $3,000, victim surcharge $200, DNA...

Citation
2016 BCSC 474
Parties
Crown: Regina; Offender: Robert Edwin Cadman
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
26 February 2016
Procedural Posture
Criminal Sexual Assault / Sentencing
Outcome
Conditional sentence of two years less a day on each of counts 1 and 2, to be served concurrently, with strict conditions (house arrest and supervision)
Legal Topics
Sexual Assault, Sentencing, Conditional Sentence Availability, Position of Trust, Ancillary Orders, Victim Compensation, Publication Ban
Source Language
English
Criminal Law Sexual Assault Sentencing Conditional Sentence Availability Position of Trust Ancillary Orders Victim Compensation Publication Ban

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Parties

Regina

Crown

Robert Edwin Cadman

Offender

Procedural Posture

Criminal Sexual Assault / Sentencing

Legal Issues

  1. 1 What facts may be found for sentencing given a jury verdict under s.724
  2. 2 Whether the offender was in a position of trust toward the complainant
  3. 3 Whether a conditional sentence is legally available and appropriate

Ratio Decidendi

The judge independently determined, consistent with the jury verdicts and s.724, that two incidents of sexual assault occurred (masturbation at UBC and at Whistler) but rejected the Crown's allegation of fellatio; Crown failed to prove a position of trust beyond a reasonable doubt; the conditional sentence regime was available and, given the offender's lack of prior record, long unblemished employment history, absence of paedophilic risk and the passage of time without reoffending, a conditional sentence of two years less a day served concurrently on both counts with strict house-arrest and ancillary conditions was fit; ordered partial compensation of $3,000, victim surcharge $200, DNA...

Court Disposition

Conditional sentence of two years less a day on each of counts 1 and 2, to be served concurrently, with strict conditions (house arrest and supervision)

Orders

  • Conditional sentence: two years less a day on each count to be served concurrently as a community-based order
  • Mandatory conditions under s.742.3(1): keep the peace and be of good behaviour; appear before court as required; report to supervisor within two working days; remain within jurisdiction unless authorized to leave; notify of any change of name, address or employment