R. v. Ravelo-Corvo

R. v. Ravelo-Corvo

The appropriate sentence falls within the established 2–6 year range for sexual assault with intercourse; significant and traumatic impact on the complainant and absence of mitigating factors justify a sentence above the mid‑point for denunciation and deterrence; COVID‑19 and immigration consequences (the accused is...

Source-derived case information.

Citation
2020 BCSC 2130
Parties
Crown: Regina; Accused: Renert Alexander Ravelo‑Corvo
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
29 October 2020
Procedural Posture
Criminal Sexual Offences / Sentencing (oral Reasons)
Outcome
Accused sentenced to three years' imprisonment for sexual assault and one year for unlawful confinement, to be served concurrently; SOIRA registration order for 20 years; DNA order; mandatory firearms prohibition; non‑communication order with the victim while in custody.
Legal Topics
Sexual Assault, Unlawful Confinement, Sentencing Principles, Victim Impact, Immigration Consequences, COVID 19 and Sentencing, SOIRA Orders, DNA and Firearms Prohibition
Source Language
english
Criminal Law Immigration Law Administrative Law Sex Offender Registration Sexual Assault Unlawful Confinement Sentencing Principles Victim Impact +4 more

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Parties

Regina

Crown

Renert Alexander Ravelo‑Corvo

Accused

Procedural Posture

Criminal Sexual Offences / Sentencing (oral Reasons)

Legal Issues

  1. 1 Appropriate sentence for sexual assault involving intercourse
  2. 2 Whether immigration consequences mitigate sentence
  3. 3 Whether COVID-19 justifies a lower (provincial) sentence

Ratio Decidendi

The appropriate sentence falls within the established 2–6 year range for sexual assault with intercourse; significant and traumatic impact on the complainant and absence of mitigating factors justify a sentence above the mid‑point for denunciation and deterrence; COVID‑19 and immigration consequences (the accused is not a permanent resident) do not permit a sentence below the applicable range; imposed sentence is three years for sexual assault and one year concurrent for unlawful confinement, plus mandatory SOIRA, DNA and firearms prohibitions.

Court Disposition

Accused sentenced to three years' imprisonment for sexual assault and one year for unlawful confinement, to be served concurrently; SOIRA registration order for 20 years; DNA order; mandatory firearms prohibition; non‑communication order with the victim while in custody.

Orders

  • 3 years imprisonment for sexual assault (s.271 Criminal Code)
  • 1 year imprisonment for unlawful confinement (s.279(2) Criminal Code), to be served concurrently