R. v. M.P.S.

R. v. M.P.S.

The appropriate sentence is a global period of eight years' incarceration (counts 1, 3 and 6: seven years concurrent; count 7: two years consecutive) because the offender committed protracted, highly intrusive sexual offences against dependent step-granddaughters in a position of trust; aggravating factors (victims' youth and dependency, duration and intrusiveness, family home setting, breach of trust) outweighed mitigators (age, health, lack of record), and the sentence proportionately reflects denunciation, deterrence and totality while exercising restraint for the offender's advanced age and health.

Citation
2016 BCSC 1175
Parties
Crown: Regina; Accused: M.P.S.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
10 June 2016
Procedural Posture
Criminal Sexual Offences / Sentencing
Outcome
Accused convicted and sentenced to a global term of eight years' imprisonment with ancillary orders.
Legal Topics
Sexual Assault, Sexual Touching, Position of Trust, Denunciation and Deterrence, SOIRA Orders, DNA Orders, Firearms Prohibition
Source Language
English
Criminal Law Sexual Offences Child Protection Sentencing Sexual Assault Sexual Touching Position of Trust Denunciation and Deterrence +3 more

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Parties

Regina

Crown

M.P.S.

Accused

Procedural Posture

Criminal Sexual Offences / Sentencing

Legal Issues

  1. 1 Appropriate period of incarceration for prolonged sexual offences against dependent minors by a person in a position of trust
  2. 2 Application of aggravating and mitigating factors including age of victims, position of trust, duration and intrusiveness of offences, offender's age and health
  3. 3 Application of sentencing principles including proportionality, denunciation, deterrence and totality

Ratio Decidendi

The appropriate sentence is a global period of eight years' incarceration (counts 1, 3 and 6: seven years concurrent; count 7: two years consecutive) because the offender committed protracted, highly intrusive sexual offences against dependent step-granddaughters in a position of trust; aggravating factors (victims' youth and dependency, duration and intrusiveness, family home setting, breach of trust) outweighed mitigators (age, health, lack of record), and the sentence proportionately reflects denunciation, deterrence and totality while exercising restraint for the offender's advanced age and health.

Court Disposition

Accused convicted and sentenced to a global term of eight years' imprisonment with ancillary orders.

Orders

  • Counts 1, 3 and 6: seven years imprisonment concurrent on each count.
  • Count 7: two years imprisonment consecutive to the above.