R. v. Palmer

R. v. Palmer

Kienapple did not bar convictions for both making and possessing child pornography because possession continued after the making and caused separate ongoing harm; applying Friesen factors (breach of trust, vulnerability, duration/frequency, degree of physical interference, grooming, moderate recidivism risk) warranted significant denunciatory and deterrent sentences; imposed individual sentences of 8 years (Count 1 sexual assault), 1 year (Count 2 possession child pornography, concurrent), and 3 years (Count 3 making child pornography) but adjusted for totality to run Count 3 two years consecutive to Count 1 and Count 2 concurrent, producing a global sentence of 10 years; ancillary orders...

Citation
2023 BCSC 1818
Parties
Crown: Rex; Accused: Regis Patrick Palmer
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
6 July 2023
Procedural Posture
Criminal / Sentencing
Outcome
Accused convicted on all counts and sentenced to a global term of ten years' imprisonment
Legal Topics
Sexual Assault, Child Pornography, Sentencing Principles, Kienapple Principle, Ancillary Orders, Risk Assessment
Source Language
English
Criminal Law Sentencing Sexual Offences Child Pornography Sexual Assault Sentencing Principles Kienapple Principle Ancillary Orders +1 more

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Parties

Rex

Crown

Regis Patrick Palmer

Accused

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Whether Kienapple prevents convictions for both making and possessing child pornography
  2. 2 Appropriate global and individual sentences for sexual assault and child pornography offences
  3. 3 Whether sentences should be concurrent or consecutive and application of totality

Ratio Decidendi

Kienapple did not bar convictions for both making and possessing child pornography because possession continued after the making and caused separate ongoing harm; applying Friesen factors (breach of trust, vulnerability, duration/frequency, degree of physical interference, grooming, moderate recidivism risk) warranted significant denunciatory and deterrent sentences; imposed individual sentences of 8 years (Count 1 sexual assault), 1 year (Count 2 possession child pornography, concurrent), and 3 years (Count 3 making child pornography) but adjusted for totality to run Count 3 two years consecutive to Count 1 and Count 2 concurrent, producing a global sentence of 10 years; ancillary orders...

Court Disposition

Accused convicted on all counts and sentenced to a global term of ten years' imprisonment

Orders

  • Count 1 (sexual assault): 8 years' imprisonment
  • Count 3 (making child pornography): 3 years' imprisonment, of which 2 years to be served consecutively to Count 1 (effectively Count 3 reduced for totality)