R. v. Dias

R. v. Dias

Given repeated sexual touching of an eight‑year‑old and significant abuse of a position of trust, Friesen requires a custodial sentence reflecting denunciation and deterrence; the offender's advanced age and mild neurocognitive disorder do not sufficiently diminish moral blameworthiness to justify a conditional sentence, therefore a two‑year custodial term with specified ancillary orders is fit and proportionate.

Citation
2024 BCSC 431
Parties
Crown: Rex; Accused: Garcia Ribeiro Dias
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
11 March 2024
Procedural Posture
Criminal Sexual Interference / Sentencing Hearing / Judgment
Outcome
Accused convicted previously; sentence imposed: two years custody
Legal Topics
Sexual Interference, Abuse of Position of Trust, Sentencing Principles (denunciation, Deterrence, Rehabilitation), Conditional Sentence Order, Victim Impact Statement Admissibility, Ancillary Orders, Neurocognitive Disorder Assessment
Source Language
English
Criminal Law Sentencing Child Sexual Abuse Evidence Sexual Interference Abuse of Position of Trust Sentencing Principles (denunciation, Deterrence, Rehabilitation) Conditional Sentence Order +3 more

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Parties

Rex

Crown

Garcia Ribeiro Dias

Accused

Procedural Posture

Criminal Sexual Interference / Sentencing Hearing / Judgment

Legal Issues

  1. 1 What is a fit sentence for sexual interference involving an 8‑year‑old victim after Friesen
  2. 2 How to weigh offender's advanced age and mild neurocognitive disorder in sentencing
  3. 3 Whether abuse of a position of trust aggravates sentence

Ratio Decidendi

Given repeated sexual touching of an eight‑year‑old and significant abuse of a position of trust, Friesen requires a custodial sentence reflecting denunciation and deterrence; the offender's advanced age and mild neurocognitive disorder do not sufficiently diminish moral blameworthiness to justify a conditional sentence, therefore a two‑year custodial term with specified ancillary orders is fit and proportionate.

Court Disposition

Accused convicted previously; sentence imposed: two years custody

Orders

  • Provide DNA sample pursuant to s. 487.051 of the Criminal Code
  • No contact or communication, directly or indirectly, with victim I.L. for duration of custodial sentence pursuant to s. 743.21