R. v. Seagull

R. v. Seagull

The appropriate sentence is guided by comparable authority (Basil) but must reflect aggravating factors here — abuse of vulnerable minors, prolonged offending, abuse of a position of trust and use of coercive force — and the accused's lack of cooperation and apparent lack of insight which diminishes prospects for rehabilitation; a conditional sentence was inappropriate; imposed concurrent custodial terms of 24 months less 2 months time served (net 22 months), two years probation with specified conditions, SOIRA registration for 10 years, mandatory DNA sample, and the victim fine surcharge waived.

Citation
2013 BCSC 1811
Parties
Crown: Regina; Accused: Jonathan Livingstone Seagull
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
23 August 2013
Procedural Posture
Criminal Sexual Offences / Sentencing
Outcome
Convicted; sentenced to concurrent custodial terms of 24 months each with 2 months credit for time served (net 22 months); two years probation; ancillary orders imposed as below; victim fine surcharge waived.
Legal Topics
Sexual Exploitation, Sexual Assault, Conditional Sentence, Aggravating Factors, Probation, Ancillary Orders (soira, Dna), Victim Impact
Source Language
English
Criminal Law Sentencing Sexual Offences Sexual Exploitation Sexual Assault Conditional Sentence Aggravating Factors Probation +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 4 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Regina

Crown

Jonathan Livingstone Seagull

Accused

Procedural Posture

Criminal Sexual Offences / Sentencing

Legal Issues

  1. 1 Appropriate custodial sentence length for sexual exploitation of vulnerable minors and abuse of position of trust
  2. 2 Whether a conditional sentence is available or appropriate
  3. 3 Assessment of aggravating and mitigating factors including vulnerability, abuse of trust and use of coercive force

Ratio Decidendi

The appropriate sentence is guided by comparable authority (Basil) but must reflect aggravating factors here — abuse of vulnerable minors, prolonged offending, abuse of a position of trust and use of coercive force — and the accused's lack of cooperation and apparent lack of insight which diminishes prospects for rehabilitation; a conditional sentence was inappropriate; imposed concurrent custodial terms of 24 months less 2 months time served (net 22 months), two years probation with specified conditions, SOIRA registration for 10 years, mandatory DNA sample, and the victim fine surcharge waived.

Court Disposition

Convicted; sentenced to concurrent custodial terms of 24 months each with 2 months credit for time served (net 22 months); two years probation; ancillary orders imposed as below; victim fine surcharge waived.

Orders

  • Custody: 24 months imprisonment on each of two counts, concurrent, less 2 months credit for time served (net 22 months)
  • Two years probation with terms including reporting as directed, no contact with victims S. or E., not to loiter at or enter residences/schools/work known to be occupied by S. or E., attend psychiatric/psychological counselling as directed, reside at approved address, not be alone with persons under 16 unless...