R. v. R.G.S.

R. v. R.G.S.

Judge found that the jury's guilty verdicts implicitly rejected the accused's blanket denials and that multiple specific and generalized incidents described by M.P. were proven beyond a reasonable doubt (five specified incidents and ongoing touching); A.P.'s single charged incident was proven beyond a reasonable doubt while certain uncharged allegations were excluded from sentencing; applying Friesen and proportionality the court imposed consecutive custodial sentences of 3 years (Count 1) and 4 years (Count 3) for a global sentence of 7 years, and granted ancillary firearms, DNA, registration and various prohibitions (10 years or life as specified).

Citation
2021 BCSC 1333
Parties
Crown: Regina; Accused: R.G.S.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
25 May 2021
Procedural Posture
Criminal / Sentencing Hearing
Outcome
Accused sentenced to imprisonment: 3 years for Count 1 and 4 years for Count 3 to be served consecutively for a global sentence of 7 years; Counts 2 and 4 conditionally stayed under Kienapple.
Legal Topics
Sexual Interference, Sexual Assault, Sentencing Principles, Friesen Framework, Kienapple Principle, Jury‑verdict Implications Under S.724
Source Language
English
Criminal Law Sentencing Evidence Child Protection Sexual Interference Sexual Assault Sentencing Principles Friesen Framework +2 more

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Parties

Regina

Crown

R.G.S.

Accused

Procedural Posture

Criminal / Sentencing Hearing

Legal Issues

  1. 1 What facts are essential or implied by the jury verdict under s.724(2)
  2. 2 Whether disputed aggravating facts (uncharged incidents, multiple incidents) are proven beyond a reasonable doubt
  3. 3 Appropriate sentence applying R. v. Friesen and totality principle

Ratio Decidendi

Judge found that the jury's guilty verdicts implicitly rejected the accused's blanket denials and that multiple specific and generalized incidents described by M.P. were proven beyond a reasonable doubt (five specified incidents and ongoing touching); A.P.'s single charged incident was proven beyond a reasonable doubt while certain uncharged allegations were excluded from sentencing; applying Friesen and proportionality the court imposed consecutive custodial sentences of 3 years (Count 1) and 4 years (Count 3) for a global sentence of 7 years, and granted ancillary firearms, DNA, registration and various prohibitions (10 years or life as specified).

Court Disposition

Accused sentenced to imprisonment: 3 years for Count 1 and 4 years for Count 3 to be served consecutively for a global sentence of 7 years; Counts 2 and 4 conditionally stayed under Kienapple.

Orders

  • Conditional stay of proceedings on Counts 2 and 4 pursuant to Kienapple
  • Imprisonment: 3 years on Count 1 (sexual interference of A.P.) and 4 years on Count 3 (sexual interference of M.P.), to be served consecutively (global term 7 years)