R. v. Cossentine

R. v. Cossentine

Given the gravity of repeated sexual interference with a 15-year-old, the aggravating factors proved (age differential, repetition, nature of sexual conduct, victim impact, possession of nude images, risk of pregnancy/STI) and weight afforded to mitigation (early guilty plea, remorse, first offender, low to moderate risk of reoffending), a custodial sentence is necessary for denunciation and deterrence; imposed 16 months' imprisonment on the s.151 offence and four months on the breach of undertaking to be served concurrently, together with ancillary orders (two years' probation with specific conditions, 20 years SOIRA registration, DNA sample), because the circumstances did not warrant...

Citation
2019 BCSC 2097
Parties
Prosecution: Regina; Accused: Brett Cossentine
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
18 October 2019
Procedural Posture
Criminal Sexual Offence / Sentencing Hearing
Outcome
Accused sentenced to 16 months' imprisonment on Count 1 (sexual interference s.151) and four months' imprisonment on Count 2 (breach of undertaking) to be served concurrently; ancillary orders imposed including two years' probation with conditions, SOIRA registration for 20 years, and DNA sample for national bank;...
Legal Topics
Sexual Interference S.151, Breach of Undertaking S.146(5.1), Aggravating and Mitigating Factors, Denunciation and Deterrence, SOIRA Registration, DNA Order, No Contact Orders, Concurrent Vs Consecutive Sentencing
Source Language
English
Criminal Law Sexual Offences Sentencing Child Protection Probation and Ancillary Orders Sexual Interference S.151 Breach of Undertaking S.146(5.1) Aggravating and Mitigating Factors +5 more

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Parties

Regina

Prosecution

Brett Cossentine

Accused

Procedural Posture

Criminal Sexual Offence / Sentencing Hearing

Legal Issues

  1. 1 Whether the offender abused a position of authority as an aggravating factor
  2. 2 Appropriate quantum of custodial sentence for sexual interference with a person under 16
  3. 3 Whether genuine affection/de facto consent mitigates moral culpability

Ratio Decidendi

Given the gravity of repeated sexual interference with a 15-year-old, the aggravating factors proved (age differential, repetition, nature of sexual conduct, victim impact, possession of nude images, risk of pregnancy/STI) and weight afforded to mitigation (early guilty plea, remorse, first offender, low to moderate risk of reoffending), a custodial sentence is necessary for denunciation and deterrence; imposed 16 months' imprisonment on the s.151 offence and four months on the breach of undertaking to be served concurrently, together with ancillary orders (two years' probation with specific conditions, 20 years SOIRA registration, DNA sample), because the circumstances did not warrant...

Court Disposition

Accused sentenced to 16 months' imprisonment on Count 1 (sexual interference s.151) and four months' imprisonment on Count 2 (breach of undertaking) to be served concurrently; ancillary orders imposed including two years' probation with conditions, SOIRA registration for 20 years, and DNA sample for national bank;...

Orders

  • Count 1 (s.151) - 16 months' imprisonment
  • Count 2 (breach of undertaking s.146(5.1)) - 4 months' imprisonment to be served concurrently