R. v. Morin

R. v. Morin

A global sentence of five years' imprisonment, concurrent on all counts, less credit for time served, was imposed because the sexual assault and confinement were serious with aggravating features, the accused's recent violent record required emphasis on denunciation and deterrence that outweighs the mitigating effect of Gladue factors and prospects for rehabilitation; ancillary orders (DNA and lifetime firearms prohibition) were appropriate.

Citation
2018 BCSC 2147
Parties
Crown: Regina; Accused: David Richard Morin
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
31 October 2018
Procedural Posture
Criminal / Sentencing
Outcome
Sentenced to five years' imprisonment concurrent on all counts, less credit for time served; DNA order and lifetime firearms prohibition imposed; victim fine surcharge impact minimized by consent order.
Legal Topics
Sexual Assault, Assault Causing Bodily Harm, Threats, Unlawful Confinement, Sentencing, Gladue Factors, Denunciation and Deterrence, Intoxication at Time of Offence
Source Language
English
Criminal Law Sexual Assault Assault Causing Bodily Harm Threats Unlawful Confinement Sentencing Gladue Factors Denunciation and Deterrence +1 more

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Parties

Regina

Crown

David Richard Morin

Accused

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate global sentence for convictions including sexual assault, assault causing bodily harm, threats and confinement
  2. 2 Weight to be given to Gladue factors and Indigenous background
  3. 3 Role of substance intoxication in mitigation

Ratio Decidendi

A global sentence of five years' imprisonment, concurrent on all counts, less credit for time served, was imposed because the sexual assault and confinement were serious with aggravating features, the accused's recent violent record required emphasis on denunciation and deterrence that outweighs the mitigating effect of Gladue factors and prospects for rehabilitation; ancillary orders (DNA and lifetime firearms prohibition) were appropriate.

Court Disposition

Sentenced to five years' imprisonment concurrent on all counts, less credit for time served; DNA order and lifetime firearms prohibition imposed; victim fine surcharge impact minimized by consent order.

Orders

  • Global sentence of five years' imprisonment, concurrent on all counts, less credit for time served
  • DNA order imposed