R. v. Godron

R. v. Godron

Given the nature of the sexual assault, the victim's vulnerability, the offender's extensive criminal history, lack of insight, ongoing substance abuse and assessed risk, a custodial sentence at the Crown's proposed point within the appellate guideline range (three years, less pretrial custody credit) was justified; ancillary orders (SOIRA, DNA, s.109) and a one‑day concurrent default victim fine surcharge were appropriate.

Citation
2017 BCSC 628
Parties
Crown: Regina; Accused: Hugh Newton Godron
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
29 March 2017
Procedural Posture
Criminal Sexual Assault / Sentencing (post Conviction)
Outcome
Accused sentenced to 34.5 months imprisonment (three years less 1.5 months pretrial credit); ancillary orders granted; victim fine surcharge one day concurrent in default.
Legal Topics
Sexual Assault, Sentencing Range and Principles, Aggravating and Mitigating Factors, Ancillary Orders (soira, DNA, S.109), Pretrial Custody Credit
Source Language
English
Criminal Law Sentencing Sexual Assault Sentencing Range and Principles Aggravating and Mitigating Factors Ancillary Orders (soira, Dna, S.109) Pretrial Custody Credit

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Parties

Regina

Crown

Hugh Newton Godron

Accused

Procedural Posture

Criminal Sexual Assault / Sentencing (post Conviction)

Legal Issues

  1. 1 Appropriate sentence within guideline range for sexual assault
  2. 2 Amount of credit for pretrial custody
  3. 3 Whether ancillary orders (SOIRA, DNA, s.109) should be made

Ratio Decidendi

Given the nature of the sexual assault, the victim's vulnerability, the offender's extensive criminal history, lack of insight, ongoing substance abuse and assessed risk, a custodial sentence at the Crown's proposed point within the appellate guideline range (three years, less pretrial custody credit) was justified; ancillary orders (SOIRA, DNA, s.109) and a one‑day concurrent default victim fine surcharge were appropriate.

Court Disposition

Accused sentenced to 34.5 months imprisonment (three years less 1.5 months pretrial credit); ancillary orders granted; victim fine surcharge one day concurrent in default.

Orders

  • Imprisonment for 34.5 months (three years less 1.5 months credit for pretrial custody)
  • Sex Offender Information Registration Act (SOIRA) order