R. v. Grant

R. v. Grant

Given the prolonged, multiple and at times forceful sexual assaults in a confined, isolated environment from which the complainant could not escape, the accused's conduct was treacherous and predatory and warranted significant denunciation and deterrence; a custodial sentence of four years is proportionate and fit and the Crown's ancillary order requests are granted.

Citation
2018 BCSC 1362
Parties
Crown: Regina; Accused: Andrew Paul Grant
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
9 August 2018
Procedural Posture
Criminal Sexual Assault / Sentencing (oral Reasons)
Outcome
Accused sentenced to four years imprisonment; ancillary orders granted; publication ban maintained
Legal Topics
Sexual Assault, Denunciation and Deterrence, Sentencing Ranges and Parity, Ancillary Orders, Publication Ban, Victim Impact
Source Language
English
Criminal Law Sentencing Sexual Assault Denunciation and Deterrence Sentencing Ranges and Parity Ancillary Orders Publication Ban Victim Impact

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Parties

Regina

Crown

Andrew Paul Grant

Accused

Procedural Posture

Criminal Sexual Assault / Sentencing (oral Reasons)

Legal Issues

  1. 1 Appropriate sentence for prolonged, multiple sexual assaults in a confined space
  2. 2 Whether non-custodial or lower-end sentence appropriate given principles of restraint
  3. 3 Application and scope of sentencing objectives (denunciation, deterrence, restraint, parity)

Ratio Decidendi

Given the prolonged, multiple and at times forceful sexual assaults in a confined, isolated environment from which the complainant could not escape, the accused's conduct was treacherous and predatory and warranted significant denunciation and deterrence; a custodial sentence of four years is proportionate and fit and the Crown's ancillary order requests are granted.

Court Disposition

Accused sentenced to four years imprisonment; ancillary orders granted; publication ban maintained

Orders

  • Four years imprisonment
  • DNA sample to be taken pursuant to s.487.051(1)