R. v. B.W.W.

R. v. B.W.W.

Given the serious aggravating factors (breach of trust, victim vulnerability, prolonged biweekly abuse, limited remorse and manipulation) balanced against significant mitigation (very early guilty plea, voluntary entry into sex offender program, advanced age, poor health and low assessed static risk), the appropriate sentence departs downward from the B.C. 4–7 year range to a three-year term to satisfy primary objectives of denunciation and general deterrence while recognizing mitigating circumstances.

Citation
2019 BCSC 1171
Parties
Crown: Regina; Accused: B.W.W.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
18 April 2019
Procedural Posture
Criminal Sexual Interference / Sentencing (oral Reasons for Sentence)
Outcome
Guilty plea accepted; offender sentenced to three years' imprisonment with ancillary orders; stay directed on remaining charges (Counts 1 and 3).
Legal Topics
Sexual Interference, Child Sexual Abuse, Sentencing Principles, Denunciation and Deterrence, Publication Ban / SOIRA
Source Language
English
Criminal Law Sex Offences Sentencing Sexual Interference Child Sexual Abuse Sentencing Principles Denunciation and Deterrence Publication Ban / SOIRA

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Parties

Regina

Crown

B.W.W.

Accused

Procedural Posture

Criminal Sexual Interference / Sentencing (oral Reasons for Sentence)

Legal Issues

  1. 1 Appropriate sentence for prolonged sexual interference of a young, developmentally delayed victim
  2. 2 Weight to be given to aggravating factors (breach of trust, frequency, duration, victim vulnerability)
  3. 3 Weight to be given to mitigating factors (early guilty plea, age, health, treatment participation)

Ratio Decidendi

Given the serious aggravating factors (breach of trust, victim vulnerability, prolonged biweekly abuse, limited remorse and manipulation) balanced against significant mitigation (very early guilty plea, voluntary entry into sex offender program, advanced age, poor health and low assessed static risk), the appropriate sentence departs downward from the B.C. 4–7 year range to a three-year term to satisfy primary objectives of denunciation and general deterrence while recognizing mitigating circumstances.

Court Disposition

Guilty plea accepted; offender sentenced to three years' imprisonment with ancillary orders; stay directed on remaining charges (Counts 1 and 3).

Orders

  • Sentence of three years' incarceration on charge of sexual interference.
  • Mandatory registration under the Sex Offender Information Registration Act pursuant to ss.490.012(1) and 490.013(2.1) of the Criminal Code.