R. v. Harrison

R. v. Harrison

The court found the s.271 sexual assault conviction should be conditionally stayed under Kienapple but the s.151 (sexual interference) and s.152 (invitation to sexual touching) convictions related to distinct phases of conduct and could coexist; applying Friesen and considering significant aggravating factors and poor prospects for rehabilitation, the appropriate sentence is five years' imprisonment on each s.151 and s.152 conviction to run concurrently, with specified ancillary orders; a probation disposition was unavailable because the custodial term exceeds two years per s.731 as interpreted in Knott.

Citation
2023 BCSC 1203
Parties
Crown: Rex; Accused: Kenneth John Harrison
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
21 June 2023
Procedural Posture
Criminal / Sentencing (post Conviction)
Outcome
Convictions entered for sexual interference (s.151) and invitation to sexual touching (s.152); sexual assault (s.271) conviction conditionally stayed; sentence imposed: five years' imprisonment on each conviction to run concurrently; ancillary orders imposed.
Legal Topics
Sexual Interference, Invitation to Sexual Touching, Sexual Assault, Kienapple Principle, Sentencing Principles Post Friesen, Aggravating and Mitigating Factors, Ancillary Orders
Source Language
English
Criminal Law Sexual Offences Child Protection Sentencing Law Sexual Interference Invitation to Sexual Touching Sexual Assault Kienapple Principle +3 more

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Parties

Rex

Crown

Kenneth John Harrison

Accused

Procedural Posture

Criminal / Sentencing (post Conviction)

Legal Issues

  1. 1 Whether multiple convictions under s.151 and s.152 offend the Kienapple principle
  2. 2 Whether the s.271 sexual assault conviction should be stayed
  3. 3 Appropriate global sentence in light of R. v. Friesen and aggravating factors

Ratio Decidendi

The court found the s.271 sexual assault conviction should be conditionally stayed under Kienapple but the s.151 (sexual interference) and s.152 (invitation to sexual touching) convictions related to distinct phases of conduct and could coexist; applying Friesen and considering significant aggravating factors and poor prospects for rehabilitation, the appropriate sentence is five years' imprisonment on each s.151 and s.152 conviction to run concurrently, with specified ancillary orders; a probation disposition was unavailable because the custodial term exceeds two years per s.731 as interpreted in Knott.

Court Disposition

Convictions entered for sexual interference (s.151) and invitation to sexual touching (s.152); sexual assault (s.271) conviction conditionally stayed; sentence imposed: five years' imprisonment on each conviction to run concurrently; ancillary orders imposed.

Orders

  • Five years imprisonment on conviction for sexual interference (s.151) to run concurrently with five years for invitation to sexual touching (s.152)
  • Conditional stay of proceedings on Count 3 (sexual assault, s.271)