R. v. Power

A fixed term of incarceration (18 months) rather than a conditional sentence is required because the accused, as the complainant's lawyer, exploited a profound power imbalance and trust; denunciation and general deterrence are paramount and a conditional sentence would not adequately satisfy those objectives given the assessed risk and recent alcohol dependence.

Citation: 2009 BCSC 1514
Parties: Crown: Regina; Accused: Harold Garrett Power; Complainant: J.I.; Witness: M.R.
Court: Supreme Court of British Columbia
Jurisdiction: Canada
Judgment Date: 14 October 2009
Procedural Posture: Criminal Sexual Exploitation / Sentencing (oral Reasons)
Outcome: Convicted and sentenced to 18 months imprisonment followed by two years probation.
Legal Topics: Sexual Exploitation, Position of Trust, Denunciation and Deterrence, Conditional Sentence, Risk Assessment, Probation Conditions, Publication Ban, DNA Order
Source Language: English

Criminal Law Sentencing Sexual Offences Professional Misconduct Sexual Exploitation Position of Trust Denunciation and Deterrence Conditional Sentence +4 more

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Full judgment text Legal principles 6 Authorities cited 17 Party arguments 2 Amounts and remedies 6

Parties

Regina

Crown

Harold Garrett Power

Accused

J.I.

Complainant

M.R.

Witness

Procedural Posture

Criminal Sexual Exploitation / Sentencing (oral Reasons)

Legal Issues

1 Appropriate sentence for sexual exploitation by a lawyer in a position of trust
2 Whether a conditional sentence is appropriate given risk and need for denunciation/deterrence
3 Extent to which the accused's status as a lawyer is an aggravating factor

Ratio Decidendi

Court Disposition

Convicted and sentenced to 18 months imprisonment followed by two years probation.

Orders

Court declined to make an order under s.490.012(1)