R. v. Romero-Arata

R. v. Romero-Arata

The court accepted the joint submission and imposed a three-year custodial sentence for sexual assault to be served consecutively to the unexpired portion of the existing five-year sentence, reducing an otherwise fit four-year sentence by one year to respect the totality principle after weighing significant aggravating factors (victim under 18, vulnerability, multiple assaults, sexual penetration with violence) against mitigating factors (no prior sexual convictions, Gladue background, remorse, support).

Citation
2025 BCSC 1296
Parties
Crown: Rex (Crown); Accused: Alexandre Romero-Arata; Complainant: E.W.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
19 June 2025
Procedural Posture
Criminal Sexual Assault / Sentencing Hearing (oral Reasons)
Outcome
Accused convicted of sexual assault and sentenced to imprisonment for three years, to be served consecutively to the existing sentence; ancillary orders imposed; victim fine surcharge waived.
Legal Topics
Sexual Assault, Totality Principle, Joint Sentencing Submissions, Victim Impact, Ancillary Orders (dna, Firearm Prohibition, SOR Registration)
Source Language
English
Criminal Law Sentencing Indigenous Sentencing (gladue) Sexual Assault Totality Principle Joint Sentencing Submissions Victim Impact Ancillary Orders (dna, Firearm Prohibition, SOR Registration)

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Parties

Rex (Crown)

Crown

Alexandre Romero-Arata

Accused

E.W.

Complainant

Procedural Posture

Criminal Sexual Assault / Sentencing Hearing (oral Reasons)

Legal Issues

  1. 1 Whether the court should accept the joint submission on sentence
  2. 2 Appropriate length of custodial sentence for the sexual assault conviction
  3. 3 Application of the totality principle given an existing custodial sentence

Ratio Decidendi

The court accepted the joint submission and imposed a three-year custodial sentence for sexual assault to be served consecutively to the unexpired portion of the existing five-year sentence, reducing an otherwise fit four-year sentence by one year to respect the totality principle after weighing significant aggravating factors (victim under 18, vulnerability, multiple assaults, sexual penetration with violence) against mitigating factors (no prior sexual convictions, Gladue background, remorse, support).

Court Disposition

Accused convicted of sexual assault and sentenced to imprisonment for three years, to be served consecutively to the existing sentence; ancillary orders imposed; victim fine surcharge waived.

Orders

  • Custodial sentence of three years for sexual assault to be served consecutively to the accused's existing five-year sentence for criminal negligence causing death (approximately five years total remaining from today)
  • Comply with the Sex Offender Information Registration Act for 20 years (per ss. 490.012(1) and 490.013(2)(b) of the Criminal Code)