R. v. Safaee

R. v. Safaee

The accused failed to satisfy the Court that the safety of the community would not be endangered if the sentence were served in the community due to lack of insight, absence of a prevention plan, and the significant potential harm to children; denunciation and deterrence outweighed mitigating factors; therefore a...

Source-derived case information.

Citation
2009 BCSC 1350
Parties
Crown: Regina; Accused: Shahin Samiromi Safaee
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
28 May 2009
Procedural Posture
Criminal Sexual Assault / Sentencing (oral Reasons)
Outcome
Guilty plea accepted; CSO refused; sentenced to eighteen months imprisonment and two years probation with ancillary orders.
Legal Topics
Conditional Sentence, Position of Trust, Sex Offender Registration, DNA Order, Probation Terms
Source Language
english
Criminal Law Sentencing Sexual Offences Regulatory Orders Conditional Sentence Position of Trust Sex Offender Registration DNA Order +1 more

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Parties

Regina

Crown

Shahin Samiromi Safaee

Accused

Procedural Posture

Criminal Sexual Assault / Sentencing (oral Reasons)

Legal Issues

  1. 1 Whether a Conditional Sentence Order (CSO) is appropriate despite eligibility under the law at the time of the offence
  2. 2 Whether the safety of the community would be endangered by a CSO
  3. 3 Proper application of sentencing principles including denunciation, deterrence, and proportionality

Ratio Decidendi

The accused failed to satisfy the Court that the safety of the community would not be endangered if the sentence were served in the community due to lack of insight, absence of a prevention plan, and the significant potential harm to children; denunciation and deterrence outweighed mitigating factors; therefore a CSO was inappropriate and an 18 month custodial sentence with ancillary orders was imposed.

Court Disposition

Guilty plea accepted; CSO refused; sentenced to eighteen months imprisonment and two years probation with ancillary orders.

Orders

  • Sentence: 18 months imprisonment
  • Probation for 2 years with statutory terms (keep the peace and be of good behaviour; attend court; notify of name, address, employment changes; report to probation within 48 hours of release; remain within BC unless permitted)