R. v. Webber

R. v. Webber

Balancing the aggravating factors (intrusive sexual conduct, victim unconsciousness, victim's Aboriginal status and vulnerability) against mitigating factors (first offender, developmental disability, intoxication, intergenerational trauma and Gladue factors) the court found reduced moral blameworthiness and imposed...

Source-derived case information.

Citation
2021 BCSC 1194
Parties
Crown: Regina; Accused: Wesley Wayne Webber; Complainant: S.T.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
9 June 2021
Procedural Posture
Criminal / Sentencing Hearing
Outcome
Convicted; sentenced to 12 months imprisonment followed by two years probation
Legal Topics
Sexual Assault, Sentencing Principles, Gladue Factors, Denunciation and Deterrence, Probation Conditions, Sex Offender Registration, DNA Order, Firearms Prohibition
Source Language
english
Criminal Law Sentencing Indigenous Justice Sexual Offences Sexual Assault Sentencing Principles Gladue Factors Denunciation and Deterrence +4 more

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Summary, issues, holding and outcome

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Parties

Regina

Crown

Wesley Wayne Webber

Accused

S.T.

Complainant

Procedural Posture

Criminal / Sentencing Hearing

Legal Issues

  1. 1 Appropriate sentence for sexual assault of a 17-year-old who was unconscious
  2. 2 Weight to give denunciation and deterrence after R. v. Friesen versus Gladue remedial considerations
  3. 3 Effect of accused's developmental disability and intoxication on moral blameworthiness

Ratio Decidendi

Balancing the aggravating factors (intrusive sexual conduct, victim unconsciousness, victim's Aboriginal status and vulnerability) against mitigating factors (first offender, developmental disability, intoxication, intergenerational trauma and Gladue factors) the court found reduced moral blameworthiness and imposed a custodial sentence of 12 months plus two years probation to reflect both denunciation/deterrence and rehabilitative needs.

Court Disposition

Convicted; sentenced to 12 months imprisonment followed by two years probation

Orders

  • 12 months imprisonment for sexual assault
  • Two years probation with conditions including keep the peace and be of good behaviour; report to probation officer within two business days of release; no contact or communication with complainant S.T.; live at address approved by probation officer; notify probation officer of any change of name, address or...