R. v. Stewart

R. v. Stewart

A conditional sentence would not adequately address the paramount sentencing objectives of denunciation and general deterrence given the offender's exploitation of a vulnerable child in a position of trust, grooming conduct, provision of drugs, and prior sexual convictions; therefore a custodial sentence of two years less a day with 18 months probation and ancillary orders was appropriate.

Citation
2016 BCSC 2577
Parties
Crown: Regina; Accused: Shawn Donald Wesley Stewart
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
1 June 2016
Procedural Posture
Criminal Sexual Offence (sexual Touching of a Person Under 14) / Sentencing (oral Reasons for Sentence)
Outcome
Accused sentenced to two years less a day custody and 18 months probation; ancillary orders made; Crown directed a stay of remaining counts.
Legal Topics
Sexual Touching, Grooming, Conditional Sentence, Probation, Aggravating and Mitigating Factors, Sentencing Principles
Source Language
English
Criminal Law Sentencing Sexual Offences Child Protection Sexual Touching Grooming Conditional Sentence Probation +2 more

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Parties

Regina

Crown

Shawn Donald Wesley Stewart

Accused

Procedural Posture

Criminal Sexual Offence (sexual Touching of a Person Under 14) / Sentencing (oral Reasons for Sentence)

Legal Issues

  1. 1 Appropriate sentence for sexual touching of a person under 14
  2. 2 Whether a conditional sentence is appropriate given the need for denunciation and general deterrence
  3. 3 Weight to be given to aggravating factors (position of trust, grooming, prior sexual convictions) and mitigating factors (remorse, rehabilitation, health)

Ratio Decidendi

A conditional sentence would not adequately address the paramount sentencing objectives of denunciation and general deterrence given the offender's exploitation of a vulnerable child in a position of trust, grooming conduct, provision of drugs, and prior sexual convictions; therefore a custodial sentence of two years less a day with 18 months probation and ancillary orders was appropriate.

Court Disposition

Accused sentenced to two years less a day custody and 18 months probation; ancillary orders made; Crown directed a stay of remaining counts.

Orders

  • Imprisonment: two years less a day
  • Probation: 18 months with conditions including keep the peace and be of good behaviour; report to probation officer; no direct or indirect contact with J.W.; no unsupervised contact with persons under 16 unless approved; attend and complete counselling/treatment; report new intimate relationships