R. v. Rafuse

R. v. Rafuse

After evaluating aggravating factors (victim age, vaginal and anal intercourse without condom) and mitigating factors (guilty plea, remorse, difficult background, time in custody), the court accepted the informed joint submission as within the reasonable range and sentenced the accused to 22 months custody, three years probation with specific conditions, imposed a 20-year SOIRA registration, ordered forensic DNA sampling and imposed statutory firearm prohibitions.

Citation
2016 BCSC 64
Parties
Crown: Regina; Accused: Tyler Taumas Rafuse
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
4 January 2016
Procedural Posture
Criminal / Sentencing
Outcome
Guilty plea accepted; sentenced to 22 months custody and three years probation
Legal Topics
Sexual Assault of a Minor, Sentencing Joint Submission, Probation Conditions, Sex Offender Registration, DNA Order, Firearms Prohibition
Source Language
English
Criminal Law Sentencing Sex Offences Sexual Assault of a Minor Sentencing Joint Submission Probation Conditions Sex Offender Registration DNA Order +1 more

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Parties

Regina

Crown

Tyler Taumas Rafuse

Accused

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for sexual assault of a 16-year-old victim
  2. 2 Weight to be given to guilty plea and remorse
  3. 3 Application of ss. 718 and 718.01 Criminal Code (denunciation/deterrence for under-18 victims)

Ratio Decidendi

After evaluating aggravating factors (victim age, vaginal and anal intercourse without condom) and mitigating factors (guilty plea, remorse, difficult background, time in custody), the court accepted the informed joint submission as within the reasonable range and sentenced the accused to 22 months custody, three years probation with specific conditions, imposed a 20-year SOIRA registration, ordered forensic DNA sampling and imposed statutory firearm prohibitions.

Court Disposition

Guilty plea accepted; sentenced to 22 months custody and three years probation

Orders

  • Sex Offender Information Registration Act order (Form 52) for 20 years pursuant to s. 490.013(1)(b) Criminal Code
  • Order authorizing forensic DNA sampling and databank registration pursuant to s. 487.051 Criminal Code