R. v. Nan

R. v. Nan

The offence involved heightened gravity and aggravating features (victim incapacitation, exploitation of vulnerability, invasive sexual conduct and significant lasting harm) such that a fit sentence exceeded two years; no factor sufficiently diminished moral blameworthiness to permit a conditional sentence, resulting in a custodial sentence of 28 months; restitution was refused because it could not be accommodated without distorting the fit sentence; SOIRA registration was not ordered on balance of probabilities given expert evidence of very low risk and lack of predictive utility for prevention in this case.

Citation
2025 BCSC 2138
Parties
Prosecution: Regina (R. / Crown); Accused/defendant: Keving Nan
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
3 October 2025
Procedural Posture
Criminal Sexual Assault / Sentencing (post Conviction)
Outcome
Accused convicted by jury and sentenced to 28 months custody; SOIRA registration not ordered (exemption granted); restitution order refused; ancillary orders imposed: no-contact in custody, DNA sample, victim fine surcharge payable within six months; indefinite publication ban under s.486.4(2).
Legal Topics
Sexual Assault, Conditional Sentence, SOIRA Registration, Restitution, Victim Impact, Publication Ban
Source Language
English
Criminal Law Sentencing Sexual Offences Evidence Sexual Assault Conditional Sentence SOIRA Registration Restitution +2 more

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Parties

Regina (R. / Crown)

Prosecution

Keving Nan

Accused/defendant

Procedural Posture

Criminal Sexual Assault / Sentencing (post Conviction)

Legal Issues

  1. 1 Appropriate custodial sentence length
  2. 2 Whether a conditional sentence is available
  3. 3 Whether SOIRA registration should be ordered

Ratio Decidendi

The offence involved heightened gravity and aggravating features (victim incapacitation, exploitation of vulnerability, invasive sexual conduct and significant lasting harm) such that a fit sentence exceeded two years; no factor sufficiently diminished moral blameworthiness to permit a conditional sentence, resulting in a custodial sentence of 28 months; restitution was refused because it could not be accommodated without distorting the fit sentence; SOIRA registration was not ordered on balance of probabilities given expert evidence of very low risk and lack of predictive utility for prevention in this case.

Court Disposition

Accused convicted by jury and sentenced to 28 months custody; SOIRA registration not ordered (exemption granted); restitution order refused; ancillary orders imposed: no-contact in custody, DNA sample, victim fine surcharge payable within six months; indefinite publication ban under s.486.4(2).

Orders

  • Impose custodial sentence of 28 months
  • No contact with R.I. while in custody