R. v. Khojsteh Kashani

R. v. Khojsteh Kashani

A conditional sentence was unavailable because a global term under two years would be manifestly disproportionate given the gravity of seven highly invasive, prolonged sexual assaults involving abuse of trust and multiple aggravating factors; individual appropriate sentences were set (counts 1 and 6: 3 years each reduced to 1 year 9 months in recognition of mitigation; counts 2,3,4,5,7: 2.5 years each reduced to 1 year 6 months), consecutive sentences were appropriate because separate victims were harmed at different times, and after application of totality the global custodial sentence was reduced from the aggregate (18.5 years) to 11 years to reflect rehabilitation prospects and...

Citation
2025 BCSC 1875
Parties
Crown: Rex; Offender: Farshad Khojsteh Kashani
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
16 September 2025
Procedural Posture
Criminal Sexual Assault / Sentencing Oral Reasons
Outcome
Offender sentenced to 11 years imprisonment to be served consecutively on seven counts; ancillary orders made including DNA order, firearm prohibitions, no-contact order, victim surcharge, and SOIRA registration for 20 years; pre-sentence custody credit awarded.
Legal Topics
Sexual Assault, Breach of Trust, Conditional Sentence, Totality Principle, Concurrent Vs Consecutive Sentences, Pre Sentence Custody Credit, Ancillary Orders, Publication Ban
Source Language
English
Criminal Law Sentencing Sexual Offences Evidence Sexual Assault Breach of Trust Conditional Sentence Totality Principle +4 more

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Parties

Rex

Crown

Farshad Khojsteh Kashani

Offender

Procedural Posture

Criminal Sexual Assault / Sentencing Oral Reasons

Legal Issues

  1. 1 Appropriate global sentence for seven counts of sexual assault
  2. 2 Whether a conditional sentence is available
  3. 3 Whether individual sentences should be consecutive or concurrent

Ratio Decidendi

A conditional sentence was unavailable because a global term under two years would be manifestly disproportionate given the gravity of seven highly invasive, prolonged sexual assaults involving abuse of trust and multiple aggravating factors; individual appropriate sentences were set (counts 1 and 6: 3 years each reduced to 1 year 9 months in recognition of mitigation; counts 2,3,4,5,7: 2.5 years each reduced to 1 year 6 months), consecutive sentences were appropriate because separate victims were harmed at different times, and after application of totality the global custodial sentence was reduced from the aggregate (18.5 years) to 11 years to reflect rehabilitation prospects and...

Court Disposition

Offender sentenced to 11 years imprisonment to be served consecutively on seven counts; ancillary orders made including DNA order, firearm prohibitions, no-contact order, victim surcharge, and SOIRA registration for 20 years; pre-sentence custody credit awarded.

Orders

  • Global custodial sentence of 11 years composed of consecutive individual sentences: Count 1 (C.M.) 1 year 9 months; Count 2 (S.K.) 1 year 6 months; Count 3 (D.B.) 1 year 6 months; Count 4 (U.M.) 1 year 6 months; Count 5 (N.G.) 1 year 6 months; Count 6 (E.W.) 1 year 9 months; Count 7 (B.W.) 1 year 6 months.
  • Pre-sentence custody credit granted at 1.5 days for each day served: 168 days served equating to 252 days credit.