R. v. Harry

R. v. Harry

Given the gravity of penetrative sexual offences against a 13‑year‑old, the aggravating circumstances (vulnerability, location, substance use, physical injuries, profound ongoing psychological harm) and limited mitigation, a custodial sentence is required for denunciation and deterrence. A global sentence of five years was appropriate but reduced to four years to account for Gladue factors; one month concurrent on each driving count to run consecutively yields a total term of four years and one month. A two‑year driving prohibition plus the period of imprisonment (total six years) and ancillary orders (firearms prohibitions, DNA sample, no communication, 10‑year 500m exclusion,...

Citation
2023 BCSC 1026
Parties
Crown: Rex (Crown); Accused: Lance Jordon Harry (also known as Lance Jordan Harry)
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
11 May 2023
Procedural Posture
Criminal / Sentencing
Outcome
Convictions confirmed; total custody imposed of four years and one month; ancillary orders imposed as set out below.
Legal Topics
Sexual Interference, Invitation to Sexual Touching, Dangerous Operation of a Conveyance, Flight From a Peace Officer, Gladue Principles, Sentencing Principles S.718/s.718.01, Ancillary Orders, Sex Offender Registration, DNA Order, Driving Prohibition
Source Language
English
Criminal Law Sentencing Sexual Offences Indigenous/gladue Considerations Sexual Interference Invitation to Sexual Touching Dangerous Operation of a Conveyance Flight From a Peace Officer +6 more

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Parties

Rex (Crown)

Crown

Lance Jordon Harry (also known as Lance Jordan Harry)

Accused

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate custodial length for sexual offences against a 13‑year‑old
  2. 2 Whether a conditional sentence order (CSO) is available or appropriate
  3. 3 Application of s.718.01 (primary consideration to denunciation and deterrence)

Ratio Decidendi

Given the gravity of penetrative sexual offences against a 13‑year‑old, the aggravating circumstances (vulnerability, location, substance use, physical injuries, profound ongoing psychological harm) and limited mitigation, a custodial sentence is required for denunciation and deterrence. A global sentence of five years was appropriate but reduced to four years to account for Gladue factors; one month concurrent on each driving count to run consecutively yields a total term of four years and one month. A two‑year driving prohibition plus the period of imprisonment (total six years) and ancillary orders (firearms prohibitions, DNA sample, no communication, 10‑year 500m exclusion,...

Court Disposition

Convictions confirmed; total custody imposed of four years and one month; ancillary orders imposed as set out below.

Orders

  • Global sentence of four years custody on convictions under s.151 (sexual interference) and s.152 (invitation to sexual touching) of the Criminal Code
  • One month custody on each of counts of dangerous operation (s.320.13(1)) and flight from a peace officer (s.320.17) to be served concurrently to each other but consecutively to the sexual offences (total custody 4 years 1 month)