R. v. Careen

R. v. Careen

Given the offence's lower-end gravity, significant collateral consequences already suffered by the offender, low risk of reoffending, and the need for denunciation and general deterrence, an intermittent custodial sentence above the mandatory minimum (60 days intermittent) combined with probation and mandatory ancillary orders (DNA sampling and 20-year registration) is fit and proportionate.

Citation
2012 BCSC 918
Parties
Crown: Regina; Accused: Martin Careen
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
16 May 2012
Procedural Posture
Criminal Sexual Exploitation (s.153(1)(b) Criminal Code) / Sentencing
Outcome
Offender previously found guilty; sentence imposed: 60 days imprisonment to be served intermittently, probation for duration of intermittent sentence plus 12 months, DNA sampling order, 20-year sex offender registration order.
Legal Topics
Sexual Exploitation, Sentencing Principles, Denunciation and Deterrence, Intermittent Sentence, Ancillary Orders (dna and Registration)
Source Language
English
Criminal Law Sentencing Sex Offences Sexual Exploitation Sentencing Principles Denunciation and Deterrence Intermittent Sentence Ancillary Orders (dna and Registration)

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Parties

Regina

Crown

Martin Careen

Accused

Procedural Posture

Criminal Sexual Exploitation (s.153(1)(b) Criminal Code) / Sentencing

Legal Issues

  1. 1 Appropriate sentence for sexual exploitation under s.153(1)(b)
  2. 2 Applicability and effect of mandatory minimum 45 days imprisonment
  3. 3 Whether an intermittent sentence is appropriate to meet denunciation, deterrence and rehabilitation goals

Ratio Decidendi

Given the offence's lower-end gravity, significant collateral consequences already suffered by the offender, low risk of reoffending, and the need for denunciation and general deterrence, an intermittent custodial sentence above the mandatory minimum (60 days intermittent) combined with probation and mandatory ancillary orders (DNA sampling and 20-year registration) is fit and proportionate.

Court Disposition

Offender previously found guilty; sentence imposed: 60 days imprisonment to be served intermittently, probation for duration of intermittent sentence plus 12 months, DNA sampling order, 20-year sex offender registration order.

Orders

  • Imprisonment 60 days to be served intermittently; serve Wednesdays 7:00 p.m. to Fridays 7:00 p.m. beginning the night of sentencing and then the same period every three weeks until sentence served
  • Probation during intermittent sentence and for 12 months thereafter with conditions including keep the peace and be of good behaviour; attend court when required; report to probation officer by 5:00 p.m. on day of release and thereafter as directed; advise probation officer of address and not change without...