R. v. T.R.J.

R. v. T.R.J.

Balancing the high moral culpability, statutory emphasis on denunciation and deterrence, applicable Gladue considerations, the principle against imposing a harsher sentence on retrial given a similar factual foundation, and defence concession about the applicable range, the appropriate custodial sentence is two years less one day with 45 days credit, followed by three years probation and specified ancillary orders (DNA, SOIRA, firearms prohibition, employment restriction).

Citation
2015 BCSC 352
Parties
Crown: Regina; Accused: T.R.J.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
11 February 2015
Procedural Posture
Criminal Sexual Interference / Sentencing (oral Reasons for Sentence)
Outcome
Convicted of sexual interference; sentenced to imprisonment and ancillary orders.
Legal Topics
Sexual Interference, Child Sexual Abuse, Sentencing Principles, Gladue Factors, Retrial Sentencing Parity, Ancillary Orders (dna, SOIRA, Firearms Prohibition, Probation)
Source Language
English
Criminal Law Sentencing Aboriginal/gladue Law Sexual Interference Child Sexual Abuse Sentencing Principles Gladue Factors Retrial Sentencing Parity +1 more

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Parties

Regina

Crown

T.R.J.

Accused

Procedural Posture

Criminal Sexual Interference / Sentencing (oral Reasons for Sentence)

Legal Issues

  1. 1 Appropriate sentence for repeated sexual interference of a young child by a caregiver
  2. 2 Application of Gladue/Ipeelee principles for an aboriginal offender
  3. 3 Effect of retrial sentencing parity (not imposing a harsher sentence on retrial)

Ratio Decidendi

Balancing the high moral culpability, statutory emphasis on denunciation and deterrence, applicable Gladue considerations, the principle against imposing a harsher sentence on retrial given a similar factual foundation, and defence concession about the applicable range, the appropriate custodial sentence is two years less one day with 45 days credit, followed by three years probation and specified ancillary orders (DNA, SOIRA, firearms prohibition, employment restriction).

Court Disposition

Convicted of sexual interference; sentenced to imprisonment and ancillary orders.

Orders

  • Custodial sentence: two years less one day imprisonment, with 45 days credit for pre-trial custody
  • Three years probation to commence on release with mandatory terms under s.732.1 and additional restrictive terms (reporting, approved residence, no contact with victim, exclusion zone, supervision for contact with persons under 16, treatment and abstinence from alcohol/controlled substances)