R. v. W.E.S.

R. v. W.E.S.

Given the serious aggravating features—sexual assault of a 16-year-old daughter by her father, procurement and provision of alcohol, intoxication and dozing of the victim, digital penetration, remote location in a vehicle, repeated touching and attempted oral contact, and significant victim harm—the aggravating factors overwhelmingly outweighed mitigation and a custodial sentence under two years would be unfit; a 42-month custodial sentence was proportionate to denunciation and deterrence. A 20-year SOIRA registration order and ancillary orders (firearms prohibitions, DNA collection, communication ban while in custody, forwarding PSR to CSC) were necessary and not grossly disproportionate.

Citation
2024 BCSC 1763
Parties
Crown: Rex; Accused: W. E. S.; Complainant: Complainant
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
13 August 2024
Procedural Posture
Criminal / Sentencing (oral Reasons)
Outcome
Accused convicted and sentenced to custody; ancillary orders imposed; victim surcharge exempted; victim to receive sentence updates noted under s.726.3.
Legal Topics
Sexual Assault, Digital Penetration, Position of Trust, Sex Offender Information Registration Act (soira), Ancillary Orders, Publication Ban
Source Language
English
Criminal Law Sexual Offences Sentencing Sexual Assault Digital Penetration Position of Trust Sex Offender Information Registration Act (soira) Ancillary Orders +1 more

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Parties

Rex

Crown

W. E. S.

Accused

Complainant

Complainant

Procedural Posture

Criminal / Sentencing (oral Reasons)

Legal Issues

  1. 1 Appropriate custodial sentence for sexual assault by a parent of a 16-year-old
  2. 2 Whether a conditional sentence is available
  3. 3 Whether to impose a SOIRA registration order

Ratio Decidendi

Given the serious aggravating features—sexual assault of a 16-year-old daughter by her father, procurement and provision of alcohol, intoxication and dozing of the victim, digital penetration, remote location in a vehicle, repeated touching and attempted oral contact, and significant victim harm—the aggravating factors overwhelmingly outweighed mitigation and a custodial sentence under two years would be unfit; a 42-month custodial sentence was proportionate to denunciation and deterrence. A 20-year SOIRA registration order and ancillary orders (firearms prohibitions, DNA collection, communication ban while in custody, forwarding PSR to CSC) were necessary and not grossly disproportionate.

Court Disposition

Accused convicted and sentenced to custody; ancillary orders imposed; victim surcharge exempted; victim to receive sentence updates noted under s.726.3.

Orders

  • Imprisonment for 42 months on count of sexual assault under s.271 of the Criminal Code
  • Compliance with Sex Offender Information Registration Act reporting for 20 years