R. v. Anthony

R. v. Anthony

Given the deliberate, calculated grooming and repeated invasive sexual conduct by a professional who exploited a vulnerable patient, aggravating factors warranted a custodial sentence; the court imposed 2 years less one day after tempering a higher range (around 3 years) to reflect the offender's health, loss of...

Source-derived case information.

Citation
2014 BCSC 2132
Parties
Crown: Regina; Defendant: Michael Oren Anthony
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
3 July 2014
Procedural Posture
Criminal Sexual Assault / Sentencing (post Conviction)
Outcome
Defendant convicted and sentenced to 2 years less one day custody followed by a 2-year probationary term; ancillary orders made including DNA order, 20-year sex offender registration, firearms prohibition and $100 victim surcharge; orders restricting communication and requiring counselling and reporting.
Legal Topics
Sexual Assault, Abuse of Trust, Grooming, Denunciation and Deterrence, Probation, Ancillary Orders, DNA Order, Sex Offender Registration, Firearms Prohibition
Source Language
english
Criminal Law Sexual Offences Sentencing Law Sexual Assault Abuse of Trust Grooming Denunciation and Deterrence Probation +4 more

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Parties

Regina

Crown

Michael Oren Anthony

Defendant

Procedural Posture

Criminal Sexual Assault / Sentencing (post Conviction)

Legal Issues

  1. 1 Whether custodial sentence required and appropriate length
  2. 2 Whether consent was vitiated by abuse of trust/authority
  3. 3 Appropriate weight of aggravating and mitigating factors

Ratio Decidendi

Given the deliberate, calculated grooming and repeated invasive sexual conduct by a professional who exploited a vulnerable patient, aggravating factors warranted a custodial sentence; the court imposed 2 years less one day after tempering a higher range (around 3 years) to reflect the offender's health, loss of profession and community shaming while still delivering denunciation and general deterrence.

Court Disposition

Defendant convicted and sentenced to 2 years less one day custody followed by a 2-year probationary term; ancillary orders made including DNA order, 20-year sex offender registration, firearms prohibition and $100 victim surcharge; orders restricting communication and requiring counselling and reporting.

Orders

  • Custody: 2 years less one day imprisonment.
  • No communication order during custodial portion pursuant to s.743.21(1).