R. v. Robert

R. v. Robert

Although Gladue factors and the guilty plea mitigate moral blameworthiness, the violent nature of the sexual assault in the victim's home, the physical and lasting psychological harm to the victim, the offender's criminal record, and the need for denunciation and deterrence justified a custodial sentence of two...

Source-derived case information.

Citation
2021 BCSC 712
Parties
Crown: Regina; Accused: Byron James Cassiar Robert
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
31 March 2021
Procedural Posture
Criminal Sexual Assault (s.271 Criminal Code) / Sentencing (oral Reasons for Sentence; Sentence Imposed)
Outcome
Accused convicted of sexual assault (s.271 Criminal Code) and sentenced to two years custody before credit; after credit sentenced to one year and 80 days custody, followed by two years probation; ancillary orders made.
Legal Topics
Sexual Assault, Sentencing Range and Parity, Gladue Factors, Victim Impact, Probation and Conditions, Time Served Credit, Sex Offender Registration
Source Language
english
Criminal Law Sentencing Indigenous/gladue Considerations Sexual Assault Sentencing Range and Parity Gladue Factors Victim Impact Probation and Conditions +2 more

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Parties

Regina

Crown

Byron James Cassiar Robert

Accused

Procedural Posture

Criminal Sexual Assault (s.271 Criminal Code) / Sentencing (oral Reasons for Sentence; Sentence Imposed)

Legal Issues

  1. 1 Appropriate custodial sentence for a violent sexual assault involving non-consensual anal penetration by a partner
  2. 2 Application of Gladue and Ipeelee factors to mitigate moral blameworthiness
  3. 3 Weight to be given to a guilty plea tendered on the eve of trial

Ratio Decidendi

Although Gladue factors and the guilty plea mitigate moral blameworthiness, the violent nature of the sexual assault in the victim's home, the physical and lasting psychological harm to the victim, the offender's criminal record, and the need for denunciation and deterrence justified a custodial sentence of two years (before credit); with pre-trial custody credit of 285 days (1.5:1 for 190 days served), the effective custodial term imposed is one year and 80 days, followed by two years probation and ancillary statutory orders.

Court Disposition

Accused convicted of sexual assault (s.271 Criminal Code) and sentenced to two years custody before credit; after credit sentenced to one year and 80 days custody, followed by two years probation; ancillary orders made.