R. v. A.B.R.

R. v. A.B.R.

Given the extensive and serious aggravating factors (including position of trust, grooming, hundreds of incidents, violence and threats) weighed against limited mitigation (no prior record, advanced age and possible neurocognitive disorder), a global custodial sentence of ten years is proportionate: five years on Count 1, five years consecutive on Count 2, and five years on Counts 7 and 8 to run concurrently with Counts 1 and 2.

Citation
2019 BCSC 1568
Parties
Crown: Regina; Accused: A.B.R.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
23 August 2019
Procedural Posture
Criminal Sexual Offences (historical Child Sexual Abuse) / Sentencing (oral Reasons)
Outcome
Convicted and sentenced to a global term of ten years' imprisonment
Legal Topics
Sexual Assault, Indecent Assault, Sentencing Principles, Denunciation and Deterrence, Fitness and Mental Disorder Considerations
Source Language
English
Criminal Law Sexual Offences Sentencing Law Publication Bans Sexual Assault Indecent Assault Sentencing Principles Denunciation and Deterrence +1 more

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Parties

Regina

Crown

A.B.R.

Accused

Procedural Posture

Criminal Sexual Offences (historical Child Sexual Abuse) / Sentencing (oral Reasons)

Legal Issues

  1. 1 Appropriate global sentence length for multiple historical child sexual offences
  2. 2 Whether sentences for offences should be consecutive or concurrent
  3. 3 Weight to be given to extensive aggravating factors including position of trust, grooming, violence and threats

Ratio Decidendi

Given the extensive and serious aggravating factors (including position of trust, grooming, hundreds of incidents, violence and threats) weighed against limited mitigation (no prior record, advanced age and possible neurocognitive disorder), a global custodial sentence of ten years is proportionate: five years on Count 1, five years consecutive on Count 2, and five years on Counts 7 and 8 to run concurrently with Counts 1 and 2.

Court Disposition

Convicted and sentenced to a global term of ten years' imprisonment

Orders

  • Global sentence of ten years imprisonment
  • Count 1: five years imprisonment