R. v. Alfred

R. v. Alfred

Balancing the aggravating factors (multiple sexual intercourse incidents with a 13 year old by a 26 year old who knew the victim's age) against mitigating factors (no prior record, employment, Gladue factors, prospects for rehabilitation) and the need for restraint in sentencing an Aboriginal offender, a custodial sentence of nine months plus 24 months probation and specified ancillary orders is the only fit and proportionate sentence.

Citation
2019 BCSC 1452
Parties
Crown: Regina; Accused: Cameron Marvin Alfred
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
17 May 2019
Procedural Posture
Criminal Sexual Offences / Sentencing (oral Reasons for Sentence)
Outcome
Guilty verdicts entered; conditional stay of proceedings entered on Count 2 (sexual assault) under Kienapple; sentence imposed: 9 months imprisonment, 24 months probation, and ancillary orders as listed.
Legal Topics
Sexual Interference (s.151), Sexual Assault (s.271), Sentencing Principles (s.718), SOIRA, DNA Order, Firearms Prohibition, Non Communication Order, Section 161 Order, Kienapple Double Jeopardy Principle
Source Language
English
Criminal Law Sexual Offences Aboriginal Sentencing (gladue) Child Protection Sexual Interference (s.151) Sexual Assault (s.271) Sentencing Principles (s.718) SOIRA +5 more

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Parties

Regina

Crown

Cameron Marvin Alfred

Accused

Procedural Posture

Criminal Sexual Offences / Sentencing (oral Reasons for Sentence)

Legal Issues

  1. 1 Appropriate sentence for sexual interference with a 13 year old by a 26 year old
  2. 2 Application of s.718 proportionality, denunciation and deterrence including 718.01 and 718.2 aggravating/mitigating factors
  3. 3 Application of Gladue principles to Aboriginal offender

Ratio Decidendi

Balancing the aggravating factors (multiple sexual intercourse incidents with a 13 year old by a 26 year old who knew the victim's age) against mitigating factors (no prior record, employment, Gladue factors, prospects for rehabilitation) and the need for restraint in sentencing an Aboriginal offender, a custodial sentence of nine months plus 24 months probation and specified ancillary orders is the only fit and proportionate sentence.

Court Disposition

Guilty verdicts entered; conditional stay of proceedings entered on Count 2 (sexual assault) under Kienapple; sentence imposed: 9 months imprisonment, 24 months probation, and ancillary orders as listed.

Orders

  • Custodial sentence of 9 months (jail)
  • Probation for 24 months with statutory and specific conditions (no contact with S.V.; no presence within 25 metres of S.V.'s residence, school or workplace; no contact with persons under 16 except specified exceptions; abstain from alcohol/drugs except prescription; attend assessments and counselling including...