R. v. Worth

R. v. Worth

Court established a sentencing range of 12 to 36 months for the sexual interference in these circumstances, rejected Crown's higher range that equated digital penetration with intercourse sentencing in B.C. decisions, and imposed two years less a day imprisonment on the sexual interference count and one day/time served concurrent on the trafficking count; court balanced primary objectives of denunciation and deterrence with rehabilitation and Gladue considerations, applying pre-sentence custody credit (103 days, credited at 1.5 to 5 months 5 days) and imposing two years probation with specific conditions.

Citation
2019 BCSC 2201
Parties
Crown: Regina; Accused: Bradley Joseph Worth
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
19 July 2019
Procedural Posture
Criminal / Sentencing (post Trial)
Outcome
Accused convicted of sexual interference and trafficking; sexual assault count stayed under Kienapple; sentence imposed on sexual interference and trafficking as stated below.
Legal Topics
Sexual Interference, Sexual Assault, Trafficking, Sentencing Principles and Ranges, Gladue Considerations, Pre Sentence Custody Credit, DNA and SOIRA Orders, Probation Conditions
Source Language
English
Criminal Law Sexual Offences Drug Offences Sentencing Indigenous/gladue Matters Sexual Interference Sexual Assault Trafficking +5 more

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Parties

Regina

Crown

Bradley Joseph Worth

Accused

Procedural Posture

Criminal / Sentencing (post Trial)

Legal Issues

  1. 1 Appropriate sentence for sexual interference involving digital penetration of a 14-year-old
  2. 2 Appropriate sentence for concurrent trafficking offence
  3. 3 Whether mandatory minimums remain operative after R. v. Scofield

Ratio Decidendi

Court established a sentencing range of 12 to 36 months for the sexual interference in these circumstances, rejected Crown's higher range that equated digital penetration with intercourse sentencing in B.C. decisions, and imposed two years less a day imprisonment on the sexual interference count and one day/time served concurrent on the trafficking count; court balanced primary objectives of denunciation and deterrence with rehabilitation and Gladue considerations, applying pre-sentence custody credit (103 days, credited at 1.5 to 5 months 5 days) and imposing two years probation with specific conditions.

Court Disposition

Accused convicted of sexual interference and trafficking; sexual assault count stayed under Kienapple; sentence imposed on sexual interference and trafficking as stated below.

Orders

  • Lifetime prohibition on possessing firearms, restricted weapons, ammunition and explosives pursuant to Criminal Code s.109(1)
  • Mandatory DNA sample order under s.487.051 of the Criminal Code (Count 1 a primary designated offence)