R. v. Reed

R. v. Reed

Applying Friesen and relevant sentencing principles the Court concluded that Reed's repeated sexual intercourse with a 15-year-old, possession of sexual images, continuous offending and extensive criminal record made him highly morally blameworthy; guilty plea and remorse mitigate but do not outweigh aggravating features; a fit sentence is 36 months for sexual interference plus 2 months consecutive for obstructing police (total 38 months), with pre-trial custody credit of 17 months at 1.5 (25.5 months) leaving 12.5 months to serve; mandatory ancillary orders (DNA, weapons prohibitions, SOIRA, no-contact) were imposed.

Citation
2023 BCSC 595
Parties
Crown: Regina; Accused: Richard Charles Reed
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
6 April 2023
Procedural Posture
Criminal Sexual Offences and Obstruction / Sentencing Following Guilty Pleas
Outcome
Accused convicted on guilty pleas and sentenced
Legal Topics
Sexual Interference, Resisting or Willfully Obstructing Police, Pre Sentence Custody Credit, Publication Ban, Ancillary Orders (dna, Weapons, Soira)
Source Language
English
Criminal Law Sentencing Sexual Offences Evidence/privacy Sexual Interference Resisting or Willfully Obstructing Police Pre Sentence Custody Credit Publication Ban +1 more

Case Brief

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Parties

Regina

Crown

Richard Charles Reed

Accused

Procedural Posture

Criminal Sexual Offences and Obstruction / Sentencing Following Guilty Pleas

Legal Issues

  1. 1 Appropriate custodial sentence for sexual interference with a 15-year-old post-Friesen
  2. 2 Whether and how to apply Friesen factors (age, duration, degree of physical interference, likelihood of reoffending)
  3. 3 Appropriate consecutive sentence for resisting/obstructing police

Ratio Decidendi

Applying Friesen and relevant sentencing principles the Court concluded that Reed's repeated sexual intercourse with a 15-year-old, possession of sexual images, continuous offending and extensive criminal record made him highly morally blameworthy; guilty plea and remorse mitigate but do not outweigh aggravating features; a fit sentence is 36 months for sexual interference plus 2 months consecutive for obstructing police (total 38 months), with pre-trial custody credit of 17 months at 1.5 (25.5 months) leaving 12.5 months to serve; mandatory ancillary orders (DNA, weapons prohibitions, SOIRA, no-contact) were imposed.

Court Disposition

Accused convicted on guilty pleas and sentenced

Orders

  • 36 months jail on Count 2 (sexual interference)
  • 2 months jail on Count 8 (resisting or willfully obstructing police) to be served consecutively, for a total sentence of 38 months jail