R. v. Hackett

R. v. Hackett

A custodial sentence at the low end of the applicable range (two years less a day) plus two years probation was imposed because the offence involved sexual intercourse with a sleeping and vulnerable 18-year-old and the offender's prior violent record and age disparity were aggravating; Gladue factors and forensic recommendations for treatment warranted a sentence at the lower end of the range and significant probationary conditions and ancillary orders to promote rehabilitation and protect the public.

Citation
2016 BCSC 1424
Parties
Crown: Regina; Accused: Wilfred Douglas Hackett
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
13 May 2016
Procedural Posture
Criminal / Sentencing
Outcome
Accused found guilty; sentenced to 2 years less a day imprisonment followed by 2 years probation; ancillary orders imposed
Legal Topics
Sexual Assault, Sentencing, Gladue Factors, Probation, Ancillary Orders, DNA Orders, Sex Offender Registration
Source Language
English
Criminal Law Sexual Offences Aboriginal Law Sentencing Law Sexual Assault Sentencing Gladue Factors Probation +3 more

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Parties

Regina

Crown

Wilfred Douglas Hackett

Accused

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for sexual assault involving intercourse
  2. 2 Application of Gladue principles to an aboriginal offender
  3. 3 Assessment of aggravating and mitigating factors including prior violent record and victim vulnerability

Ratio Decidendi

A custodial sentence at the low end of the applicable range (two years less a day) plus two years probation was imposed because the offence involved sexual intercourse with a sleeping and vulnerable 18-year-old and the offender's prior violent record and age disparity were aggravating; Gladue factors and forensic recommendations for treatment warranted a sentence at the lower end of the range and significant probationary conditions and ancillary orders to promote rehabilitation and protect the public.

Court Disposition

Accused found guilty; sentenced to 2 years less a day imprisonment followed by 2 years probation; ancillary orders imposed

Orders

  • Imprisonment: 2 years less a day
  • Probation for 2 years with mandatory conditions (report to probation officer on first working day after release and as directed; reside at a place approved by probation officer and not change residence without permission) and additional conditions: attend, participate in and complete sex offender therapy as...