R. v. K.M.

R. v. K.M.

Count 4 (possession of a weapon) is conditionally stayed under Kienapple; sentencing requires a two-year head sentence for sexual assault reduced by remand credit to a net one year for the sexual assault count, concurrent sentences for assault with a weapon and threats, and a consecutive five months for the earlier assault; three years probation with specified conditions and ancillary orders including lifetime firearms prohibition, DNA order, 20-year sex offender registry listing and in-custody no-contact order; remand credit of 353 days (235 days at 1.5) rounded to one year applied to reduce custody to the net terms imposed.

Citation
2017 BCSC 1234
Parties
Crown: Regina; Accused: K.M.; Victim: S.L.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
30 May 2017
Procedural Posture
Criminal / Sentencing
Outcome
Accused convicted; count 4 conditionally stayed; sentences imposed with remand credit applied
Legal Topics
Sexual Assault, Assault With a Weapon, Uttering Threats, Possession of a Weapon, Ancillary Orders, Probation Conditions, Remand Credit
Source Language
English
Criminal Law Domestic Violence Sentencing Sexual Assault Assault With a Weapon Uttering Threats Possession of a Weapon Ancillary Orders +2 more

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Parties

Regina

Crown

K.M.

Accused

S.L.

Victim

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Whether count 4 (possession of a weapon) should be stayed under Kienapple principles
  2. 2 Appropriate sentence length given aggravating and mitigating factors
  3. 3 Proper calculation and credit of remand time

Ratio Decidendi

Count 4 (possession of a weapon) is conditionally stayed under Kienapple; sentencing requires a two-year head sentence for sexual assault reduced by remand credit to a net one year for the sexual assault count, concurrent sentences for assault with a weapon and threats, and a consecutive five months for the earlier assault; three years probation with specified conditions and ancillary orders including lifetime firearms prohibition, DNA order, 20-year sex offender registry listing and in-custody no-contact order; remand credit of 353 days (235 days at 1.5) rounded to one year applied to reduce custody to the net terms imposed.

Court Disposition

Accused convicted; count 4 conditionally stayed; sentences imposed with remand credit applied

Orders

  • Count 2 (sexual assault): two years custody before credit; net one year after remand credit
  • Count 3 (assault with a weapon): six months custody concurrent with Count 2