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Canada Judgment

Supreme Court of British Columbia

R. v. Loewen

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01

Holding and result

Conditional sentence is inappropriate; given serial, planned sexual assaults exploiting a position of trust against vulnerable women, denunciation and deterrence require imprisonment; imposed global custody of 24 months followed by 36 months probation and ancillary orders including firearms prohibition (10 years), DNA, 20 years sex offender registration and $1,200 victim surcharge.

Court disposition

Guilty plea accepted; sentenced to 24 months imprisonment to be served in custody; followed by 36 months probation; ancillary orders imposed.

Orders

  • Imprisonment for a total of 24 months (individual counts: 3,4,3,4,5,5 months consecutive)
  • Probation for 36 months with specific conditions including no contact with named victims, reporting to probation officer, prohibition on offering or providing massage or body manipulation services, requirements to attend assessment and treatment, and restrictions on online content and employment
  • Firearms and weapons prohibition for 10 years under s.109 Criminal Code
  • Provide DNA sample under s.487.051 Criminal Code
  • Register under Sex Offender Information Registration Act/Criminal Code s.490.012 for 20 years as per s.490.013
  • Prohibition on communicating with named victims during sentence under s.743.21 Criminal Code
  • Victim surcharge of $1,200 (six counts x $200), payable within 60 days

02

Material facts

Parties

Rex

Crown Counsel: T.M.M. Roy

Reinhard Loewen

Accused Counsel: W.M. Finch, K.C.

Amounts and remedies

  • Total Imprisonment Months: 24
  • Probation Months: 36
  • Victim Surcharge: CAD 1,200
  • Number of Victims: 12
  • Number of Counts: 6

03

Procedural history

  1. Posture

    Criminal / Sentencing

04

Questions and positions

Legal issues

Party arguments

Applicant
Crown sought 24 months imprisonment (2 years) plus 36 months probation and ancillary orders, argued conditional sentence inappropriate given serial, planned breaches of trust of vulnerable women, need for denunciation and deterrence, and significant victim impact.
Respondent
Defence accepted ancillary orders and probation conditions but submitted for an 18 to <24 month sentence to be served as a conditional sentence (house arrest) rather than custody.

05

Court’s reasoning

  1. 01

    Criminal Code s.718

    Purpose of sentencing includes denunciation, deterrence, separation, rehabilitation, reparation and promotion of responsibility

  2. 02

    Criminal Code s.718.1

    Sentence must be proportionate to gravity of offence and degree of responsibility of the offender

  3. 03

    Criminal Code s.718.2

    Court must consider aggravating factors including abuse of trust and significant impact on victims

  4. 04

    Criminal Code s.742.1 and R. v. Proulx, 2000 SCC 5

    Conditional sentence available for terms under two years but must not endanger community and must be consistent with s.718 objectives

  5. 05

    Common law/Case law (totality principle)

    Totality principle applies to aggregate sentence for multiple offences

06

Ratio, limits and disposition

Ratio decidendi

Conditional sentence is inappropriate; given serial, planned sexual assaults exploiting a position of trust against vulnerable women, denunciation and deterrence require imprisonment; imposed global custody of 24 months followed by 36 months probation and ancillary orders including firearms prohibition (10 years), DNA, 20 years sex offender registration and $1,200 victim surcharge.

Obiter and limits

  • Court noted significance of community support and character references but treated them as limited mitigation given nature of offences
  • Court compared and distinguished authorities such as R. v. Baltazar and emphasized greater victimization here
  • Risk assessment indicated limited insight and suggested need for sexual offence specific treatment though treatment willingness noted

Court disposition

Guilty plea accepted; sentenced to 24 months imprisonment to be served in custody; followed by 36 months probation; ancillary orders imposed.

  • Imprisonment for a total of 24 months (individual counts: 3,4,3,4,5,5 months consecutive)
  • Probation for 36 months with specific conditions including no contact with named victims, reporting to probation officer, prohibition on offering or providing massage or body manipulation services, requirements to attend assessment and treatment, and restrictions on online content and employment
  • Firearms and weapons prohibition for 10 years under s.109 Criminal Code
  • Provide DNA sample under s.487.051 Criminal Code
  • Register under Sex Offender Information Registration Act/Criminal Code s.490.012 for 20 years as per s.490.013
  • Prohibition on communicating with named victims during sentence under s.743.21 Criminal Code
  • Victim surcharge of $1,200 (six counts x $200), payable within 60 days

Source and reliance status

Supreme Court of British Columbia · 2 November 2023

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Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

R. v. Proulx, 2000 SCC 5

Case cited

R. v. Baltazar, 2021 ABQB 879

Case cited

R. v. Gaglardi, 2023 BCSC 96

Case cited

R. v. Khan, 2016 ONCJ 282

Case cited

R. v. Ramirez, 2017 BCPC 278

Case cited

R. v. Collins, 2007 NBQB 169

Case cited

R. v. Mulvahill (1991), 5 B.C.A.C. 1

Case cited

R. v. Stein (1974), 15 C.C.C. (2d) 376 (Ont. C.A.)

Case cited

R. v. Loewen (1992), 15 B.C.A.C. 42

Case cited

Criminal Code s.718

Legislation

Legislation referenced in the available case record.

Criminal Code s.718.1

Legislation

Legislation referenced in the available case record.

Criminal Code s.718.2

Legislation

Legislation referenced in the available case record.

Criminal Code s.742.1

Legislation

Legislation referenced in the available case record.

Criminal Code s.109

Legislation

Legislation referenced in the available case record.

Criminal Code s.487.051

Legislation

Legislation referenced in the available case record.

Criminal Code s.743.21

Legislation

Legislation referenced in the available case record.

Criminal Code s.490.012

Legislation

Legislation referenced in the available case record.

Criminal Code s.490.013

Legislation

Legislation referenced in the available case record.

Sex Offender Information Registration Act

Legislation

Legislation referenced in the available case record.

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