R. v. Chen

R. v. Chen

Given the offences, aggravating factors (serious breach of trust, multiple victims over 17 years, reoffending after confrontation) and mitigating factors (age, no record, low assessed risk, health, community stigma), the court found a global sentence under two years less a day appropriate; imposed 75 days custody for the count involving M.Y. (indictable sexual assault where conditional sentence unavailable) and concurrent conditional sentence orders of 21 months for the remaining counts to be served in the community consecutive to the jail term, followed by one year probation, and ancillary orders including 20 years SOIRA registration, DNA sample, lifetime firearms prohibition and...

Citation
2017 BCSC 1689
Parties
Crown: Regina; Accused: Yung Ping David Chen
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
24 July 2017
Procedural Posture
Criminal / Sentencing
Outcome
Accused convicted; sentenced to 75 days imprisonment on the count relating to M.Y. and conditional sentence orders of 21 months for the remaining counts to be served concurrently with each other but consecutive to the 75 day jail term; one year probation and ancillary orders.
Legal Topics
Sexual Assault, Sexual Exploitation, Conditional Sentence Order, Totality Principle, Ancillary Orders (dna, SOIRA, Firearms, Employment Prohibition)
Source Language
English
Criminal Law Sexual Offences Sentencing Sexual Assault Sexual Exploitation Conditional Sentence Order Totality Principle Ancillary Orders (dna, Soira, Firearms, Employment Prohibition)

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Parties

Regina

Crown

Yung Ping David Chen

Accused

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for multiple historic sexual offences by a trusted teacher
  2. 2 Availability and appropriateness of conditional sentence orders
  3. 3 Whether sentences should be consecutive or concurrent and application of totality

Ratio Decidendi

Given the offences, aggravating factors (serious breach of trust, multiple victims over 17 years, reoffending after confrontation) and mitigating factors (age, no record, low assessed risk, health, community stigma), the court found a global sentence under two years less a day appropriate; imposed 75 days custody for the count involving M.Y. (indictable sexual assault where conditional sentence unavailable) and concurrent conditional sentence orders of 21 months for the remaining counts to be served in the community consecutive to the jail term, followed by one year probation, and ancillary orders including 20 years SOIRA registration, DNA sample, lifetime firearms prohibition and...

Court Disposition

Accused convicted; sentenced to 75 days imprisonment on the count relating to M.Y. and conditional sentence orders of 21 months for the remaining counts to be served concurrently with each other but consecutive to the 75 day jail term; one year probation and ancillary orders.

Orders

  • 75 days imprisonment on count relating to M.Y.
  • Conditional sentence orders of 21 months for remaining counts served in the community