R. v. Callow

R. v. Callow

A conditional sentence of 15 months followed by 12 months probation was imposed because the offender's advanced age, fragile and complex medical condition (including Parkinson's disease and medications that likely contributed to compulsive sexual behaviour), demonstrated remorse, Aboriginal background and traumatic history, and low to moderate assessed risk made a supervised conditional sentence proportionate and sufficient to achieve denunciation and deterrence without endangering community safety when strict conditions and monitoring are imposed.

Citation
2019 BCSC 242
Parties
Crown: Regina; Accused: Fred William Callow
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
20 February 2019
Procedural Posture
Criminal Sexual Offence / Sentencing (reasons for Sentence)
Outcome
Conditional sentence of 15 months followed by 12 months probation.
Legal Topics
Sexual Interference With a Child, Conditional Sentence Order, Gladue Factors, Sentencing Principles, Medical Causation (parkinson's Medication), Risk Assessment
Source Language
English
Criminal Law Sentencing Sex Offences Indigenous/gladue Considerations Sexual Interference With a Child Conditional Sentence Order Gladue Factors Sentencing Principles +2 more

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Parties

Regina

Crown

Fred William Callow

Accused

Procedural Posture

Criminal Sexual Offence / Sentencing (reasons for Sentence)

Legal Issues

  1. 1 Whether a conditional sentence order is appropriate
  2. 2 Application of Gladue and s.718.2(e) factors
  3. 3 Whether Parkinson's medication and medical/cognitive conditions mitigate moral blameworthiness

Ratio Decidendi

A conditional sentence of 15 months followed by 12 months probation was imposed because the offender's advanced age, fragile and complex medical condition (including Parkinson's disease and medications that likely contributed to compulsive sexual behaviour), demonstrated remorse, Aboriginal background and traumatic history, and low to moderate assessed risk made a supervised conditional sentence proportionate and sufficient to achieve denunciation and deterrence without endangering community safety when strict conditions and monitoring are imposed.

Court Disposition

Conditional sentence of 15 months followed by 12 months probation.

Orders

  • Conditional sentence of 15 months to be served in the community
  • Probation for 12 months following sentence