R. v. Plehanov

R. v. Plehanov

Judge preferred the forensic psychologist's opinion (Dr. Kropp) that the offender posed a moderate risk to reoffend, found the offence, while at the lesser end of the spectrum, involved a very young child and a limited position of trust, concluded a suspended sentence was inappropriate given s.718.01 and absence of...

Source-derived case information.

Citation
2017 BCSC 2176
Parties
Crown: Regina; Accused: Aleksandr Plehanov
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
31 October 2017
Procedural Posture
Criminal Sexual Assault of a Minor / Sentencing Hearing (oral Reasons for Sentence)
Outcome
Offender sentenced to six months' imprisonment; probation 24 months with specified conditions; ancillary orders including 5‑year ban on positions of trust, DNA order, 20‑year SOIRA registration, and $200 victim surcharge.
Legal Topics
Sexual Assault of a Minor, Risk Assessment and Recidivism, Mandatory Minimum Challenge, Probation and Ancillary Orders, Position of Trust
Source Language
english
Criminal Law Sentencing Charter S.12 Sexual Offences Child Protection Sexual Assault of a Minor Risk Assessment and Recidivism Mandatory Minimum Challenge +2 more

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 8 Authorities cited 34 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Regina

Crown

Aleksandr Plehanov

Accused

Procedural Posture

Criminal Sexual Assault of a Minor / Sentencing Hearing (oral Reasons for Sentence)

Legal Issues

  1. 1 Whether the mandatory one year minimum in s.271(a) ought to be revisited (s.12 Charter challenge noted but previously struck down in E.R.D.R.),
  2. 2 Appropriate sentence for sexual assault of a six‑year‑old given facts and offender profile
  3. 3 Assessment of risk to reoffend (conflicting expert opinions on denial/minimization)

Ratio Decidendi

Judge preferred the forensic psychologist's opinion (Dr. Kropp) that the offender posed a moderate risk to reoffend, found the offence, while at the lesser end of the spectrum, involved a very young child and a limited position of trust, concluded a suspended sentence was inappropriate given s.718.01 and absence of exceptional circumstances, and therefore imposed a custodial sentence of six months plus 24 months probation with specific restrictive conditions and ancillary orders (5‑year prohibition on positions of trust, DNA order, 20‑year SOIRA, $200 victim surcharge).

Court Disposition

Offender sentenced to six months' imprisonment; probation 24 months with specified conditions; ancillary orders including 5‑year ban on positions of trust, DNA order, 20‑year SOIRA registration, and $200 victim surcharge.

Orders

  • Prohibition under Criminal Code s.161(1)(b) for five years against seeking or continuing employment or volunteer roles involving trust or authority towards persons under 16 years
  • DNA order pursuant to Criminal Code Form 5.03 authorizing samples for forensic DNA analysis