R. v. Thurston

R. v. Thurston

The judge found insufficient factual and legal nexus between the periods of offending to require a Kienapple stay, treated the offences as part of a connected pattern for moral culpability while sentencing both counts, weighed aggravating factors (victim under 16, abuse of position of authority, intercourse and digital penetration, exploitation of victim's vulnerability) against mitigating factors (advanced age, significant health issues, sparse record, low assessed risk and willingness to engage in treatment) and concluded a custodial sentence of 30 months (30 months on s.151, concurrent 6 months on s.271) was proportionate; ancillary orders including a 20‑year SOIRA order, DNA sample,...

Citation
2016 BCSC 1406
Parties
Crown: Regina; Accused: Howard Lesley Thurston
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
9 June 2016
Procedural Posture
Criminal / Sentencing
Outcome
Convicted on both counts and sentenced to a global term of 30 months' incarceration (30 months on Count 2; 6 months on Count 1 to be served concurrently). Ancillary and forfeiture orders imposed; victim surcharge waived.
Legal Topics
Sexual Assault, Sexual Touching of a Minor, Kienapple Doctrine (double Jeopardy/multiple Convictions), Ancillary Orders and Registration (soira), Mitigation for Medical Condition, Parity and Proportionality
Source Language
English
Criminal Law Sexual Offences Sentencing Sexual Assault Sexual Touching of a Minor Kienapple Doctrine (double Jeopardy/multiple Convictions) Ancillary Orders and Registration (soira) Mitigation for Medical Condition +1 more

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Parties

Regina

Crown

Howard Lesley Thurston

Accused

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Whether Kienapple principles require a stay of one conviction
  2. 2 Appropriate quantum of custodial sentence for multiple sexual offences against a minor
  3. 3 Weight to be given to aggravating and mitigating factors including the offender's health and risk to reoffend

Ratio Decidendi

The judge found insufficient factual and legal nexus between the periods of offending to require a Kienapple stay, treated the offences as part of a connected pattern for moral culpability while sentencing both counts, weighed aggravating factors (victim under 16, abuse of position of authority, intercourse and digital penetration, exploitation of victim's vulnerability) against mitigating factors (advanced age, significant health issues, sparse record, low assessed risk and willingness to engage in treatment) and concluded a custodial sentence of 30 months (30 months on s.151, concurrent 6 months on s.271) was proportionate; ancillary orders including a 20‑year SOIRA order, DNA sample,...

Court Disposition

Convicted on both counts and sentenced to a global term of 30 months' incarceration (30 months on Count 2; 6 months on Count 1 to be served concurrently). Ancillary and forfeiture orders imposed; victim surcharge waived.

Orders

  • Impose a 20‑year SOIRA (Sex Offender Information and Registration Act) order pursuant to s.499.012 of the Criminal Code
  • Provide a DNA sample pursuant to s.487.051 of the Criminal Code