R. v. D'Argis

R. v. D'Argis

The appropriate sentence is nine months' custody concurrent on each count with 24 months supervised probation because the offences required significant denunciation and deterrence given the victims' age and vulnerability, but the offender's youth, lack of prior record, guilty plea and positive forensic assessment warranted a non‑excessive custodial term and substantial emphasis on rehabilitation and supervision; ancillary orders (10‑year prohibition on trust positions, DNA, 20‑year SOIRA, $100 victim surcharge) follow statutory requirements while a firearms prohibition was declined as unsupported by s.109(1).

Citation
2011 BCSC 842
Parties
Crown: Regina; Accused: Brent Edward D'Argis
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
21 January 2011
Procedural Posture
Criminal — Sexual Interference (s.151 Criminal Code) / Sentencing (oral Reasons for Sentence)
Outcome
Accused convicted on two counts of sexual interference; sentenced to nine months custody on each count to be served concurrently; upon release subject to 24 months supervised probation; ancillary orders imposed as set out below; firearms prohibition declined.
Legal Topics
Sexual Interference, Mandatory Minimum Sentence, Denunciation and Deterrence, Rehabilitation, Probation Conditions, DNA Order, SOIRA, Prohibition Order, Victim Surcharge
Source Language
English
Criminal Law Sentencing Sex Offences Youth/child Protection Ancillary Orders Sexual Interference Mandatory Minimum Sentence Denunciation and Deterrence +6 more

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Parties

Regina

Crown

Brent Edward D'Argis

Accused

Procedural Posture

Criminal — Sexual Interference (s.151 Criminal Code) / Sentencing (oral Reasons for Sentence)

Legal Issues

  1. 1 Appropriate length of custodial sentence for sexual interference with 13‑year‑old victims
  2. 2 Weight to give denunciation and deterrence versus rehabilitation for offences against children (s.718.01)
  3. 3 Effect of mandatory minimum sentence under s.151

Ratio Decidendi

The appropriate sentence is nine months' custody concurrent on each count with 24 months supervised probation because the offences required significant denunciation and deterrence given the victims' age and vulnerability, but the offender's youth, lack of prior record, guilty plea and positive forensic assessment warranted a non‑excessive custodial term and substantial emphasis on rehabilitation and supervision; ancillary orders (10‑year prohibition on trust positions, DNA, 20‑year SOIRA, $100 victim surcharge) follow statutory requirements while a firearms prohibition was declined as unsupported by s.109(1).

Court Disposition

Accused convicted on two counts of sexual interference; sentenced to nine months custody on each count to be served concurrently; upon release subject to 24 months supervised probation; ancillary orders imposed as set out below; firearms prohibition declined.

Orders

  • Ten year prohibition under s.161(1)(b) from seeking or engaging in employment or volunteer positions involving trust or authority over persons under 16 years
  • DNA data bank order pursuant to s.487.051 authorizing forensic samples