R. v. Haber

R. v. Haber

The court accepted the joint submission because the proposed sentence was within established sentencing ranges for sexual assault, appropriately accounted for aggravating factors (victim vulnerability, abuse of trust, digital penetration, significant victim impact) and mitigating factors (dated record, long-term...

Source-derived case information.

Citation
2025 BCSC 2589
Parties
Crown: Rex; Accused: Adam Haber
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
7 November 2025
Procedural Posture
Criminal (sexual Assault) / Sentencing Hearing (post Conviction Oral Reasons)
Outcome
Joint sentence accepted. Total custody sentence of three years' imprisonment imposed (two offences, each reduced to 18 months to be served consecutively). Ancillary orders made.
Legal Topics
Sexual Assault, Joint Submission on Sentence, Totality Principle, Consecutive Sentences Vs Concurrent, Victim Impact, Ancillary Orders (dna, Firearms Prohibition, Soira)
Source Language
english
Criminal Law Sentencing Sexual Offences Sexual Assault Joint Submission on Sentence Totality Principle Consecutive Sentences Vs Concurrent Victim Impact +1 more

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Parties

Rex

Crown

Adam Haber

Accused

Procedural Posture

Criminal (sexual Assault) / Sentencing Hearing (post Conviction Oral Reasons)

Legal Issues

  1. 1 Whether the court should accept the joint submission on sentence
  2. 2 Appropriate quantum of sentence for two convictions of sexual assault
  3. 3 Whether sentences should be consecutive or concurrent

Ratio Decidendi

The court accepted the joint submission because the proposed sentence was within established sentencing ranges for sexual assault, appropriately accounted for aggravating factors (victim vulnerability, abuse of trust, digital penetration, significant victim impact) and mitigating factors (dated record, long-term sobriety, low assessed recidivism risk), and would not bring the administration of justice into disrepute. The court imposed two concurrent substantive sentences of two years' imprisonment on each count to be served consecutively but reduced under the totality principle to a global sentence of three years' imprisonment (18 months on each count, consecutive). Ancillary orders: DNA...

Court Disposition

Joint sentence accepted. Total custody sentence of three years' imprisonment imposed (two offences, each reduced to 18 months to be served consecutively). Ancillary orders made.

Orders

  • Custody: total 3 years' imprisonment (two counts of sexual assault; each sentence imposed as 2 years then reduced to 18 months on each count; sentences to be served consecutively)
  • DNA order pursuant to Criminal Code s. 487.051(1) (Form 5.03) for inclusion in the National DNA Data Bank