R. v. M. (J.D.)

R. v. M. (J.D.)

Given the aggravating factors—victim very young, repeated offenses over six years, abuse of familial trust, significant harm to the victim and absence of remorse—the court found a conditional sentence inappropriate and imposed a custodial term of two years less one day, concurrent on all counts, followed by two...

Source-derived case information.

Citation
2001 BCSC 563
Parties
Crown: Her Majesty the Queen; Accused: J.D.M.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
20 April 2001
Procedural Posture
Criminal Sexual Offences / Sentencing
Outcome
Accused convicted; sentenced to imprisonment and ancillary orders imposed at sentencing hearing
Legal Topics
Sexual Assault of a Child, Inviting a Child to Touch, Position of Trust, Conditional Sentence Jurisprudence, Denunciation and Deterrence, Probation Conditions, DNA Sampling Order, Revocation of Pardon
Source Language
english
Criminal Law Sentencing Child Protection Evidence DNA Orders Firearms Prohibition Pardons/criminal Records Sexual Assault of a Child Inviting a Child to Touch +6 more

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Parties

Her Majesty the Queen

Crown

J.D.M.

Accused

Procedural Posture

Criminal Sexual Offences / Sentencing

Legal Issues

  1. 1 Whether a conditional sentence is appropriate for repeated sexual assaults of a child by a person in a position of trust
  2. 2 Appropriate length and type of punishment given aggravating and mitigating factors
  3. 3 Whether the court may consider prior convictions that had been pardoned before legislative change

Ratio Decidendi

Given the aggravating factors—victim very young, repeated offenses over six years, abuse of familial trust, significant harm to the victim and absence of remorse—the court found a conditional sentence inappropriate and imposed a custodial term of two years less one day, concurrent on all counts, followed by two years probation with stringent conditions; ancillary orders include a ten year firearms prohibition and a DNA sampling order.

Court Disposition

Accused convicted; sentenced to imprisonment and ancillary orders imposed at sentencing hearing

Orders

  • Firearms prohibition for ten years pursuant to s.109(1) of the Criminal Code
  • Order authorizing forensic DNA sampling under Form 5.03 pursuant to s.487.051(1)(a) and investigative procedures in s.487.06(1)