R. v. Latreille

R. v. Latreille

A five-year custodial sentence is warranted because the aggravating features — an attack on a vulnerable sex-trade worker, threats invoking organized crime, a savage and prolonged sexual and physical assault causing unconsciousness and serious injuries — outweigh mitigating factors; sentencing objectives of denunciation, specific and general deterrence, public protection and promotion of offender responsibility justify significant incarceration; two-for-one pretrial custody credit of 32 months applied, resulting in 28 additional months to serve; ancillary orders (lifetime firearms prohibition, DNA order, 20-year registration) are proportionate and mandatory where applicable.

Citation
2009 BCSC 1892
Parties
Crown: Regina; Accused: Raymond Kenneth Latreille
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
17 December 2009
Procedural Posture
Criminal: Sexual Assault Causing Bodily Harm (s. 272(1)(c) Criminal Code) / Sentencing (oral Reasons)
Outcome
Accused convicted on guilty plea and sentenced to five years imprisonment; credited 32 months pretrial custody (two-for-one); additional 28 months to serve; lifetime firearms prohibition imposed; DNA order imposed; required to comply with Sex Offender Information Registration Act for 20 years; victim fine surcharge...
Legal Topics
Sexual Assault Causing Bodily Harm, Aggravating and Mitigating Factors, Pretrial Custody Credit, Firearms Prohibition, DNA Order, Sex Offender Registration, Victim Fine Surcharge
Source Language
English
Criminal Law Sexual Offences Sentencing Sexual Assault Causing Bodily Harm Aggravating and Mitigating Factors Pretrial Custody Credit Firearms Prohibition DNA Order +2 more

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Parties

Regina

Crown

Raymond Kenneth Latreille

Accused

Procedural Posture

Criminal: Sexual Assault Causing Bodily Harm (s. 272(1)(c) Criminal Code) / Sentencing (oral Reasons)

Legal Issues

  1. 1 Appropriate length of sentence for s.272(1)(c) offence
  2. 2 Application of s.718 sentencing principles (denunciation, deterrence, protection, rehabilitation)
  3. 3 Application of pretrial custody credit under s.719(3)

Ratio Decidendi

A five-year custodial sentence is warranted because the aggravating features — an attack on a vulnerable sex-trade worker, threats invoking organized crime, a savage and prolonged sexual and physical assault causing unconsciousness and serious injuries — outweigh mitigating factors; sentencing objectives of denunciation, specific and general deterrence, public protection and promotion of offender responsibility justify significant incarceration; two-for-one pretrial custody credit of 32 months applied, resulting in 28 additional months to serve; ancillary orders (lifetime firearms prohibition, DNA order, 20-year registration) are proportionate and mandatory where applicable.

Court Disposition

Accused convicted on guilty plea and sentenced to five years imprisonment; credited 32 months pretrial custody (two-for-one); additional 28 months to serve; lifetime firearms prohibition imposed; DNA order imposed; required to comply with Sex Offender Information Registration Act for 20 years; victim fine surcharge...

Orders

  • Imprisonment for five years (custodial sentence)
  • Credit for pretrial custody two-for-one from August 23, 2008 (32 months)