R. v. Chen

R. v. Chen

Given the aggravating factors — supply of drugs and alcohol, exploitation of two highly vulnerable Indigenous girls (ages 12 and 14), significant physical sexual interference and resulting harm — and limited mitigation (first offender, addiction not causally exculpatory, lack of acknowledged culpability), the appropriate range was three years per count; imposed consecutively but reduced under totality to an aggregate sentence of five years' imprisonment, plus ancillary statutory orders.

Citation
2023 BCSC 1299
Parties
Crown: Rex; Accused: Da Wei Chen
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
29 June 2023
Procedural Posture
Criminal Sexual Offences / Sentencing Hearing (oral Reasons for Sentence)
Outcome
Aggregate sentence of five years' imprisonment; ancillary statutory orders imposed; victim fine surcharge waived.
Legal Topics
Sexual Interference, Sentencing, Child Victims, Indigenous Victims, Supply of Intoxicants, Totality Principle
Source Language
English
Criminal Law Sexual Interference Sentencing Child Victims Indigenous Victims Supply of Intoxicants Totality Principle

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Parties

Rex

Crown

Da Wei Chen

Accused

Procedural Posture

Criminal Sexual Offences / Sentencing Hearing (oral Reasons for Sentence)

Legal Issues

  1. 1 Proper sentence for two counts of sexual interference of persons under 16
  2. 2 Weight of aggravating factors including supply of intoxicants and exploitation of vulnerable Indigenous youth
  3. 3 Application of R. v. Friesen and ss. 718-718.2 sentencing principles

Ratio Decidendi

Given the aggravating factors — supply of drugs and alcohol, exploitation of two highly vulnerable Indigenous girls (ages 12 and 14), significant physical sexual interference and resulting harm — and limited mitigation (first offender, addiction not causally exculpatory, lack of acknowledged culpability), the appropriate range was three years per count; imposed consecutively but reduced under totality to an aggregate sentence of five years' imprisonment, plus ancillary statutory orders.

Court Disposition

Aggregate sentence of five years' imprisonment; ancillary statutory orders imposed; victim fine surcharge waived.