R. v. Sandhu

R. v. Sandhu

A custodial sentence of three years' imprisonment is required to achieve proportionality, denunciation and deterrence given the serious and repeated sexual assaults including forced intercourse, the offender's abuse of employer authority and the victim's youth and vulnerability; exceptional circumstances to justify a suspended sentence were not established; mandatory ancillary orders (forensic DNA, 20 years SOIRA registration, 10 years firearms prohibition) were granted.

Citation
2020 BCSC 1190
Parties
Prosecution: Regina (Crown); Accused: A.P.S. Sandhu
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
8 July 2020
Procedural Posture
Criminal Sexual Assault / Sentencing (oral Reasons for Sentence)
Outcome
Accused sentenced to three years' imprisonment; mandatory ancillary orders granted; conviction for sexual assault stands.
Legal Topics
Sexual Assault, Abuse of Trust, Denunciation and Deterrence, Sentencing Parity and Proportionality, Ancillary Orders, Delay and Bail Conditions
Source Language
English
Criminal Law Sexual Offences Sentencing Sexual Assault Abuse of Trust Denunciation and Deterrence Sentencing Parity and Proportionality Ancillary Orders +1 more

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Parties

Regina (Crown)

Prosecution

A.P.S. Sandhu

Accused

Procedural Posture

Criminal Sexual Assault / Sentencing (oral Reasons for Sentence)

Legal Issues

  1. 1 Appropriate sentence for sexual assault involving intercourse and multiple assaults
  2. 2 Whether exceptional circumstances justify a suspended sentence
  3. 3 Identification and weight of aggravating and mitigating factors

Ratio Decidendi

A custodial sentence of three years' imprisonment is required to achieve proportionality, denunciation and deterrence given the serious and repeated sexual assaults including forced intercourse, the offender's abuse of employer authority and the victim's youth and vulnerability; exceptional circumstances to justify a suspended sentence were not established; mandatory ancillary orders (forensic DNA, 20 years SOIRA registration, 10 years firearms prohibition) were granted.

Court Disposition

Accused sentenced to three years' imprisonment; mandatory ancillary orders granted; conviction for sexual assault stands.

Orders

  • Samples of bodily substances to be taken from the accused for forensic DNA pursuant to Criminal Code s.487.051
  • Accused to comply with the Sex Offender Information Registration Act for a period of 20 years pursuant to Criminal Code s.490.012(1)