R. v. D.J.N.

A four-year federal custodial sentence on each of Counts 1 and 2, to be served concurrently, was appropriate because the offences involved repeated sexual intercourse and other sexual acts with a child by an adult in a position of trust requiring strong denunciation and deterrence; Gladue factors warranted some mitigation but did not justify a sentence at the low end of the applicable range.

Citation: 2018 BCSC 2281
Parties: Crown: Regina; Accused: D.J.N.
Court: Supreme Court of British Columbia
Jurisdiction: Canada
Judgment Date: 20 November 2018
Procedural Posture: Criminal / Sentencing (oral Reasons)
Outcome: Convictions entered on Counts 1 and 2; conditional stays entered on Counts 3 and 4; sentenced to four years' imprisonment on each of Counts 1 and 2 to be served concurrently.
Legal Topics: Sexual Assault, Position of Trust, Denunciation and Deterrence, Gladue Factors, Sentencing Range
Source Language: English

Criminal Law Sex Offences Sentencing Sexual Assault Position of Trust Denunciation and Deterrence Gladue Factors Sentencing Range

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Full judgment text Legal principles 3 Authorities cited 5 Party arguments 2

Parties

Regina

Crown

D.J.N.

Accused

Procedural Posture

Criminal / Sentencing (oral Reasons)

Legal Issues

1 Appropriate custodial sentence for repeated sexual offences against a child by an adult in a position of trust
2 Application and weight of Gladue factors in sentencing an Indigenous offender
3 Balancing denunciation/deterrence and rehabilitation

Ratio Decidendi

Court Disposition

Convictions entered on Counts 1 and 2; conditional stays entered on Counts 3 and 4; sentenced to four years' imprisonment on each of Counts 1 and 2 to be served concurrently.

Orders

Four years' imprisonment on Count 1 to be served in a federal penitentiary
Four years' imprisonment on Count 2 to be served concurrently with Count 1