R. v. Herrera

R. v. Herrera

Because the offence involved repeated, forcible sexual assaults by a teacher who abused a position of trust and preyed on a particularly vulnerable 15-year-old student, the court required a substantial custodial sentence to denounce the conduct and protect the public; balancing aggravating and mitigating factors and accepting defence submissions about the importance of federal programming, the court imposed 26 months imprisonment and ordered statutory ancillary measures (DNA, 20-year SOIRA registration, 10-year firearms prohibition, $100 victim surcharge, non-communication order) and recorded stays on remaining counts.

Citation
2013 BCSC 793
Parties
Crown: Regina; Accused: Michael Edward Herrera
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
26 April 2013
Procedural Posture
Criminal Sexual Assault / Sentencing (oral Reasons)
Outcome
Guilty plea accepted; accused sentenced to 26 months imprisonment; ancillary statutory orders imposed; stays recorded on remaining counts.
Legal Topics
Sexual Assault by Teacher, Abuse of Trust, Victim Vulnerability, Denunciation and Deterrence, Ancillary Orders (dna, SOIRA, Firearms Prohibition, Victim Surcharge)
Source Language
English
Criminal Law Sexual Offences Sentencing Sexual Assault by Teacher Abuse of Trust Victim Vulnerability Denunciation and Deterrence Ancillary Orders (dna, Soira, Firearms Prohibition, Victim Surcharge)

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Parties

Regina

Crown

Michael Edward Herrera

Accused

Procedural Posture

Criminal Sexual Assault / Sentencing (oral Reasons)

Legal Issues

  1. 1 Appropriate sentence for sexual assault by a teacher in position of trust
  2. 2 Weight of aggravating factors (violence, abuse of trust, vulnerability) versus mitigating factors (youth, remorse, plea, no prior record)
  3. 3 Whether federal custody is appropriate to facilitate rehabilitation

Ratio Decidendi

Because the offence involved repeated, forcible sexual assaults by a teacher who abused a position of trust and preyed on a particularly vulnerable 15-year-old student, the court required a substantial custodial sentence to denounce the conduct and protect the public; balancing aggravating and mitigating factors and accepting defence submissions about the importance of federal programming, the court imposed 26 months imprisonment and ordered statutory ancillary measures (DNA, 20-year SOIRA registration, 10-year firearms prohibition, $100 victim surcharge, non-communication order) and recorded stays on remaining counts.

Court Disposition

Guilty plea accepted; accused sentenced to 26 months imprisonment; ancillary statutory orders imposed; stays recorded on remaining counts.

Orders

  • Imprisonment for 26 months.
  • No probation imposed (sentence exceeds 24 months).