R. v. Holland

R. v. Holland

Balancing the statutory primacy of denunciation and deterrence for sexual offences against a child with Gladue considerations and mitigation, the court found a four‑year effective sentence fit: the seriousness of intercourse/anal penetration of a vulnerable intoxicated 15‑year‑old, the offender's prior sexual‑offence conviction and high risk to reoffend required significant custody to protect the public and enable intensive sex‑offender treatment; credit for 503 days pre‑sentence custody (allocated 474 days to the index offence) at 1.5:1 produced 754 days credit; resulting order was an effective four years (actual two years less two weeks) plus three years' probation and ancillary orders...

Citation
2018 BCSC 2392
Parties
Crown: Regina; Accused: Joshawa Herbert Holland; Complainant: T.Y.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
10 October 2018
Procedural Posture
Criminal Sexual Assault / Sentencing (oral Reasons)
Outcome
Guilty plea accepted; sentenced to an effective four years custody (actual two years less two weeks) with three years probation following release; ancillary orders imposed.
Legal Topics
Sexual Assault, Sentencing Principles, Gladue Factors, Pre Sentence Custody Credit, Ancillary Orders, Probation Conditions
Source Language
English
Criminal Law Sentencing Indigenous/gladue Jurisprudence Sexual Assault Sentencing Principles Gladue Factors Pre Sentence Custody Credit Ancillary Orders +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 6 Authorities cited 33 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Regina

Crown

Joshawa Herbert Holland

Accused

T.Y.

Complainant

Procedural Posture

Criminal Sexual Assault / Sentencing (oral Reasons)

Legal Issues

  1. 1 Appropriate length of custodial sentence for sexual assault of a 15-year-old
  2. 2 Application of s.718.2(e) Gladue and weight to systemic factors
  3. 3 Assessment of aggravating and mitigating factors including prior sexual‑offence record

Ratio Decidendi

Balancing the statutory primacy of denunciation and deterrence for sexual offences against a child with Gladue considerations and mitigation, the court found a four‑year effective sentence fit: the seriousness of intercourse/anal penetration of a vulnerable intoxicated 15‑year‑old, the offender's prior sexual‑offence conviction and high risk to reoffend required significant custody to protect the public and enable intensive sex‑offender treatment; credit for 503 days pre‑sentence custody (allocated 474 days to the index offence) at 1.5:1 produced 754 days credit; resulting order was an effective four years (actual two years less two weeks) plus three years' probation and ancillary orders...

Court Disposition

Guilty plea accepted; sentenced to an effective four years custody (actual two years less two weeks) with three years probation following release; ancillary orders imposed.

Orders

  • Effective custodial sentence of 4 years; actual sentence of 2 years less 2 weeks.
  • Probation for 3 years following release with specific conditions (no contact with complainant, residence approval, reporting, program participation, alcohol/drug prohibition, restrictions regarding minors, etc.).