R. v. A.L.

R. v. A.L.

Balancing primary sentencing objectives of denunciation and deterrence against mitigating factors of the offender's youth, lack of record and strong release supports, and guided by B.C. appellate ranges for sexual interference, the appropriate sentence was 15 months imprisonment reduced by enhanced pre-trial credit of 362 days, resulting in 94 days remaining, plus two years' probation and ancillary orders.

Citation
2019 BCSC 2118
Parties
Crown: Regina; Accused: A.L.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
27 September 2019
Procedural Posture
Criminal Sexual Interference / Sentencing
Outcome
Offender sentenced to 15 months imprisonment less 362 days enhanced pre-trial custody credit (resulting in 94 days remaining); two years probation; ancillary orders including DNA, firearms prohibition and 20-year sex offender registration.
Legal Topics
Sexual Interference (s.151), Position of Trust, Pre Sentence Custody Credit, Probation and Ancillary Orders
Source Language
English
Criminal Law Sentencing Sexual Offences Sexual Interference (s.151) Position of Trust Pre Sentence Custody Credit Probation and Ancillary Orders

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Parties

Regina

Crown

A.L.

Accused

Procedural Posture

Criminal Sexual Interference / Sentencing

Legal Issues

  1. 1 Appropriate term of imprisonment for repeated sexual touching of a minor by a family member
  2. 2 Weight of aggravating factors: position of trust and repeated incidents
  3. 3 Weight of mitigating factors: youth, first offender, rehabilitation and supportive release plan

Ratio Decidendi

Balancing primary sentencing objectives of denunciation and deterrence against mitigating factors of the offender's youth, lack of record and strong release supports, and guided by B.C. appellate ranges for sexual interference, the appropriate sentence was 15 months imprisonment reduced by enhanced pre-trial credit of 362 days, resulting in 94 days remaining, plus two years' probation and ancillary orders.

Court Disposition

Offender sentenced to 15 months imprisonment less 362 days enhanced pre-trial custody credit (resulting in 94 days remaining); two years probation; ancillary orders including DNA, firearms prohibition and 20-year sex offender registration.

Orders

  • 15 months imprisonment less 362 days enhanced pre-trial custody credit (enhanced credit 1.5 days per day; 255 days pre-sentence custody; no credit for 14 days related to failure to appear)
  • Balance of sentence to be 94 days