R. v. Lee

R. v. Lee

A custodial sentence of three years is required because the offence involved sexual intercourse by an adult with a 15-year-old, anal penetration with ejaculation, use of alcohol to facilitate the act, and a betrayal of a family context; those aggravating factors and high moral culpability outweigh mitigation (dated unrelated record, pro-social recent conduct, sobriety), rendering a conditional sentence inappropriate and a three-year term proportionate.

Citation
2018 BCSC 2337
Parties
Crown: Regina; Accused: Allen Harry Lee
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
2 November 2018
Procedural Posture
Criminal (sexual Assault) / Sentencing Hearing
Outcome
Convicted; sentenced to 3 years' imprisonment
Legal Topics
Sexual Assault, Conditional Sentence, Denunciation, General Deterrence, Proportionality
Source Language
English
Criminal Law Sentencing Sexual Offences Child Protection Sexual Assault Conditional Sentence Denunciation General Deterrence +1 more

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Parties

Regina

Crown

Allen Harry Lee

Accused

Procedural Posture

Criminal (sexual Assault) / Sentencing Hearing

Legal Issues

  1. 1 Appropriate quantum of sentence for sexual assault of a 15-year-old
  2. 2 Availability and appropriateness of a conditional sentence order
  3. 3 Weight of aggravating and mitigating factors including breach of trust, use of alcohol, and passage of time

Ratio Decidendi

A custodial sentence of three years is required because the offence involved sexual intercourse by an adult with a 15-year-old, anal penetration with ejaculation, use of alcohol to facilitate the act, and a betrayal of a family context; those aggravating factors and high moral culpability outweigh mitigation (dated unrelated record, pro-social recent conduct, sobriety), rendering a conditional sentence inappropriate and a three-year term proportionate.

Court Disposition

Convicted; sentenced to 3 years' imprisonment

Orders

  • Provide DNA sample for databank pursuant to s.487.051 of the Criminal Code
  • Prohibited from possessing firearms, restricted or prohibited weapons, ammunition and explosives for 10 years pursuant to s.109 of the Criminal Code