R. v. R.D.W.

R. v. R.D.W.

The judge accepted the jury's findings and, on the evidence, concluded the sexual assaults were frequent, invasive, began when the complainant was very young and continued for years, and that the offender abused a position of trust as her father. Applying Friesen and the statutory sentencing principles, an eight year sentence was proportionate for the sexual assault (Count 1). An 18 month sentence for the physical assault (Count 2) was appropriate but ordered concurrent with Count 1, yielding a global effective sentence of eight years. Ancillary orders were justified and ordered: DNA, SOIRA for 20 years, s.109 firearms prohibition for 10 years, and a non-communication order during the...

Citation
2021 BCSC 1851
Parties
Prosecution: Regina; Accused: C.M.W.; Accused: R.D.W.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
27 August 2021
Procedural Posture
Criminal / Sentencing (oral Reasons)
Outcome
Accused R.D.W. sentenced to eight years imprisonment (Count 1) and 18 months imprisonment (Count 2) to be served concurrently; ancillary orders made including DNA order, SOIRA for 20 years, firearms prohibition for 10 years, and non-communication order during custodial period.
Legal Topics
Sexual Assault, Assault, Position of Trust, Denunciation and Deterrence, Ancillary Orders (dna, SOIRA, Firearms Prohibition, Non Communication)
Source Language
English
Criminal Law Sentencing Child Sexual Abuse Sexual Assault Assault Position of Trust Denunciation and Deterrence Ancillary Orders (dna, Soira, Firearms Prohibition, Non Communication)

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Parties

Regina

Prosecution

C.M.W.

Accused

R.D.W.

Accused

Procedural Posture

Criminal / Sentencing (oral Reasons)

Legal Issues

  1. 1 Appropriate sentence for historic sexual assaults against a child by her father
  2. 2 Appropriate sentence for associated physical assaults exceeding parental discipline
  3. 3 Whether aggravating factors (position of trust, young victim, frequency/duration) were proven

Ratio Decidendi

The judge accepted the jury's findings and, on the evidence, concluded the sexual assaults were frequent, invasive, began when the complainant was very young and continued for years, and that the offender abused a position of trust as her father. Applying Friesen and the statutory sentencing principles, an eight year sentence was proportionate for the sexual assault (Count 1). An 18 month sentence for the physical assault (Count 2) was appropriate but ordered concurrent with Count 1, yielding a global effective sentence of eight years. Ancillary orders were justified and ordered: DNA, SOIRA for 20 years, s.109 firearms prohibition for 10 years, and a non-communication order during the...

Court Disposition

Accused R.D.W. sentenced to eight years imprisonment (Count 1) and 18 months imprisonment (Count 2) to be served concurrently; ancillary orders made including DNA order, SOIRA for 20 years, firearms prohibition for 10 years, and non-communication order during custodial period.

Orders

  • Imprisonment: 8 years on Count 1 (sexual assault)
  • Imprisonment: 18 months on Count 2 (assault) to be served concurrently with Count 1 (effective global sentence 8 years)