R. v. C.C.C.

R. v. C.C.C.

Balancing Friesen's directive that denunciation and deterrence be primary in sexual offences against children with Gladue/Ipeelee mitigation, the court found the offender highly blameworthy given invasive, repetitive abuse in a position of trust against a highly vulnerable Indigenous child but gave some mitigation for the offender's traumatic Indigenous background, low risk to reoffend and prosocial history; a five-year custodial sentence plus specified ancillary orders was proportionate and fit.

Citation
2021 BCSC 599
Parties
Crown: Regina; Accused: C.C.C.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
30 March 2021
Procedural Posture
Criminal / Sentencing
Outcome
Convicted of sexual interference; sexual assault conviction subject to a conditional stay of proceedings pending expiry of the appeal period; sentenced to five years' imprisonment.
Legal Topics
Sexual Assault, Sexual Interference, Gladue Principles, Denunciation and Deterrence, Ancillary Orders, Firearms Prohibition, DNA Sampling, Sex Offender Information Registration
Source Language
English
Criminal Law Sentencing Indigenous Law Sexual Offences Child Protection Sexual Assault Sexual Interference Gladue Principles +5 more

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Parties

Regina

Crown

C.C.C.

Accused

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate custodial sentence for sexual offences against a vulnerable Indigenous child
  2. 2 Application and reconciliation of ss.718.04 and 718.2(e) (Gladue) with Friesen guidance
  3. 3 Weight of aggravating and mitigating factors including position of trust and offender background

Ratio Decidendi

Balancing Friesen's directive that denunciation and deterrence be primary in sexual offences against children with Gladue/Ipeelee mitigation, the court found the offender highly blameworthy given invasive, repetitive abuse in a position of trust against a highly vulnerable Indigenous child but gave some mitigation for the offender's traumatic Indigenous background, low risk to reoffend and prosocial history; a five-year custodial sentence plus specified ancillary orders was proportionate and fit.

Court Disposition

Convicted of sexual interference; sexual assault conviction subject to a conditional stay of proceedings pending expiry of the appeal period; sentenced to five years' imprisonment.

Orders

  • Custodial sentence of five years imprisonment
  • Conditional stay of proceedings in relation to the sexual assault conviction pending expiry of appeal period (Kienapple)