R. v. West

R. v. West

The court accepted the joint submission because the proposed sentence fell within the appropriate range, did not bring the administration of justice into disrepute, and properly balanced denunciation and deterrence for vulnerable Indigenous victims with Gladue-mandated consideration of the offender's traumatic background and rehabilitation needs; pre-sentence custody of 309 days was credited at 1.5:1 (15.5 months), producing concurrent effective sentences of 33.5 months with 18 months remaining to be served, followed by 18 months probation and ancillary DNA and lifetime sex offender registration orders.

Citation
2020 BCSC 352
Parties
Crown: Regina; Accused: Wesley Enock West
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
31 January 2020
Procedural Posture
Criminal / Sentencing (oral Reasons)
Outcome
Accused found guilty on Counts 1 and 2 (guilty pleas); joint sentence accepted
Legal Topics
Sexual Assault, Sexual Touching of a Child, Gladue Factors, Pre Sentence Custody Credit, Probation Conditions, DNA Sampling Order, Sex Offender Registration
Source Language
English
Criminal Law Sentencing Indigenous Law Sexual Assault Sexual Touching of a Child Gladue Factors Pre Sentence Custody Credit Probation Conditions +2 more

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Parties

Regina

Crown

Wesley Enock West

Accused

Procedural Posture

Criminal / Sentencing (oral Reasons)

Legal Issues

  1. 1 Whether to accept a joint submission on sentence
  2. 2 Appropriate sentence for concurrent sexual offences including a child victim
  3. 3 Application and interplay of s.718.04 and Gladue/Ipeelee principles

Ratio Decidendi

The court accepted the joint submission because the proposed sentence fell within the appropriate range, did not bring the administration of justice into disrepute, and properly balanced denunciation and deterrence for vulnerable Indigenous victims with Gladue-mandated consideration of the offender's traumatic background and rehabilitation needs; pre-sentence custody of 309 days was credited at 1.5:1 (15.5 months), producing concurrent effective sentences of 33.5 months with 18 months remaining to be served, followed by 18 months probation and ancillary DNA and lifetime sex offender registration orders.

Court Disposition

Accused found guilty on Counts 1 and 2 (guilty pleas); joint sentence accepted

Orders

  • Concurrent custodial sentences of 33.5 months on Counts 1 and 2 with credit for 309 days pre-sentence custody at 1.5:1 totalling 15.5 months resulting in 18 months remaining to serve
  • Probation for 18 months following release with specified conditions including no contact with complainants, 50 metre exclusion, residence and reporting conditions, abstain from alcohol and drugs, and participation in treatment and programming