R. v. Waterhouse

R. v. Waterhouse

Imprisonment was necessary because the offender exploited a position of trust over an extended period involving numerous incidents, but because he is a first offender of advanced age and poor health the sentence should be served in the community; therefore an 18‑month conditional sentence was imposed (six months house arrest followed by twelve months curfew) together with statutory conditions, DNA order, sex offender registration and a $100 victim fine surcharge.

Citation
2017 BCSC 1370
Parties
Crown: Regina; Accused: Victor Waterhouse
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
7 July 2017
Procedural Posture
Criminal Sexual Exploitation / Sentencing Hearing (oral Reasons for Sentence)
Outcome
Accused found guilty of sexual exploitation under s.153(1)(a); sentenced to an 18‑month conditional sentence order.
Legal Topics
Sexual Exploitation, Position of Trust, Conditional Sentence, Victim Impact, DNA and Registration Orders
Source Language
English
Criminal Law Sentencing Sex Offences Sexual Exploitation Position of Trust Conditional Sentence Victim Impact DNA and Registration Orders

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Parties

Regina

Crown

Victor Waterhouse

Accused

Procedural Posture

Criminal Sexual Exploitation / Sentencing Hearing (oral Reasons for Sentence)

Legal Issues

  1. 1 Appropriate sentence for sexual exploitation contrary to s.153(1)(a)
  2. 2 Whether a conditional sentence order is permissible and appropriate given offender's age and health
  3. 3 Weight of aggravating factors: prolonged contact, position of trust, multiple incidents

Ratio Decidendi

Imprisonment was necessary because the offender exploited a position of trust over an extended period involving numerous incidents, but because he is a first offender of advanced age and poor health the sentence should be served in the community; therefore an 18‑month conditional sentence was imposed (six months house arrest followed by twelve months curfew) together with statutory conditions, DNA order, sex offender registration and a $100 victim fine surcharge.

Court Disposition

Accused found guilty of sexual exploitation under s.153(1)(a); sentenced to an 18‑month conditional sentence order.

Orders

  • 18 months conditional sentence order to be served in the community
  • First 6 months: house arrest with exceptions for medical appointments, emergencies, shopping and personal appointments (maximum 3 hours/week for personal appointments); permissioned departures allowed for reporting to supervisor or with written advance permission from supervisor