R. v. Morin

R. v. Morin

A custodial sentence of three years on the sexual offences (Counts 1 and 3), with counts concurrent and a 1.5:1 custody credit of 302 days resulting in 793 days remaining (2 years and 63 days) best balances denunciation and deterrence with mitigating factors (lack of grooming, short duration, offender's background and Aboriginal status); Count 2 conditionally stayed under Kienapple; breach count sentenced to one month concurrent.

Citation
2019 BCSC 1399
Parties
Crown: Regina; Accused: Robert Russel Joseph Morin
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
2 August 2019
Procedural Posture
Criminal Sexual Offences / Sentencing (oral Reasons for Sentence)
Outcome
Convictions entered on Counts 1 and 3; Count 2 conditionally stayed under Kienapple; ancillary breach conviction sentenced concurrently.
Legal Topics
Sexual Interference (s.151), Invitation to Sexual Touching (s.152), Sexual Assault (s.271), Sentencing Principles, Gladue / S.718.2(e) Considerations, Publication Ban S.486.4
Source Language
English
Criminal Law Sexual Offences Sentencing Law Sexual Interference (s.151) Invitation to Sexual Touching (s.152) Sexual Assault (s.271) Sentencing Principles Gladue / S.718.2(e) Considerations +1 more

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Parties

Regina

Crown

Robert Russel Joseph Morin

Accused

Procedural Posture

Criminal Sexual Offences / Sentencing (oral Reasons for Sentence)

Legal Issues

  1. 1 Appropriate range and length of sentence for sexual offences against a 13‑year‑old victim
  2. 2 Application of denunciation and deterrence as primary sentencing objectives for offences involving persons under 18 (s.718.01)
  3. 3 Application of Gladue considerations (s.718.2(e)) and their weight in a serious offence

Ratio Decidendi

A custodial sentence of three years on the sexual offences (Counts 1 and 3), with counts concurrent and a 1.5:1 custody credit of 302 days resulting in 793 days remaining (2 years and 63 days) best balances denunciation and deterrence with mitigating factors (lack of grooming, short duration, offender's background and Aboriginal status); Count 2 conditionally stayed under Kienapple; breach count sentenced to one month concurrent.

Court Disposition

Convictions entered on Counts 1 and 3; Count 2 conditionally stayed under Kienapple; ancillary breach conviction sentenced concurrently.

Orders

  • Sentence of three years' imprisonment on Counts 1 and 3 (to be concurrent)
  • Pre‑sentence custody credit applied at 1.5:1 for 302 days, leaving 793 days outstanding (2 years and 63 days)