R. v. Quash

R. v. Quash

Given the very young age of the victim, the absence of remorse and denial by the offender, and the need for denunciation, deterrence and community protection (with Gladue factors considered but not mitigating sufficiently), the appropriate sentence is 22 months' custody and three years' probation with ancillary orders including firearms prohibition, 20-year SOIRA registration, DNA order, a five-year parks prohibition and related probation conditions.

Citation
2014 BCSC 198
Parties
Crown: Regina; Accused: Kelly Quash
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
30 January 2014
Procedural Posture
Criminal Sexual Interference (s.151 Criminal Code) / Sentence Hearing (oral Reasons for Sentence)
Outcome
Accused convicted; sentenced to 22 months custody and 3 years probation; ancillary orders imposed.
Legal Topics
Sexual Interference, Sentencing Principles, Gladue Factors, Probation Conditions, Firearms Prohibition, SOIRA Registration, DNA Order, Publication Ban, Parks Prohibition
Source Language
English
Criminal Law Sentencing Aboriginal (gladue) Considerations Child Sexual Offences Ancillary Orders Sexual Interference Sentencing Principles Gladue Factors +6 more

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Parties

Regina

Crown

Kelly Quash

Accused

Procedural Posture

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

Legal Issues

  1. 1 Appropriate custodial sentence and probation for sexual interference with a child under 16
  2. 2 Application of aggravating and mitigating factors including youth of victim and offender denial
  3. 3 Application of Gladue/aboriginal sentencing considerations

Ratio Decidendi

Given the very young age of the victim, the absence of remorse and denial by the offender, and the need for denunciation, deterrence and community protection (with Gladue factors considered but not mitigating sufficiently), the appropriate sentence is 22 months' custody and three years' probation with ancillary orders including firearms prohibition, 20-year SOIRA registration, DNA order, a five-year parks prohibition and related probation conditions.

Court Disposition

Accused convicted; sentenced to 22 months custody and 3 years probation; ancillary orders imposed.

Orders

  • Custodial sentence of 22 months imprisonment.
  • Probation for 3 years with standard conditions and additional conditions: report within 72 hours of release, reside as directed, attend and complete therapy/programs including sex offender and alcohol programs if recommended, no contact with complainant (B.L.) and maintain 20 metre separation, abstain absolutely...