R. v. Thomas

R. v. Thomas

A conditional sentence order was rejected and a custodial sentence of 21 months imposed (two years less a day reduced by three months for age/health considerations) because the offences involved abuse of a position of trust, significant victim vulnerability and harm, calculated conduct in private, and denunciation...

Source-derived case information.

Citation
2022 BCSC 2297
Parties
Crown: Regina; Defendant: Ricky Edwards Thomas
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
15 December 2022
Procedural Posture
Criminal Sexual Assault (indictable) / Sentencing (oral Reasons)
Outcome
Convicted of two counts of sexual assault; sentence imposed: 21 months custody; followed by 2 years probation; ancillary statutory orders imposed.
Legal Topics
Conditional Sentence Order, Denunciation and Deterrence, Breach of Trust, Victim Impact, Probation, Ancillary Orders, DNA Order, Firearms Prohibition, Sex Offender Registration
Source Language
english
Criminal Law Sentencing Sexual Offences Evidence Conditional Sentence Order Denunciation and Deterrence Breach of Trust Victim Impact +5 more

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Parties

Regina

Crown

Ricky Edwards Thomas

Defendant

Procedural Posture

Criminal Sexual Assault (indictable) / Sentencing (oral Reasons)

Legal Issues

  1. 1 Whether a conditional sentence order (CSO) is appropriate
  2. 2 Appropriate custodial length for two counts of sexual assault
  3. 3 Weight of aggravating factors including abuse of trust and victim vulnerability

Ratio Decidendi

A conditional sentence order was rejected and a custodial sentence of 21 months imposed (two years less a day reduced by three months for age/health considerations) because the offences involved abuse of a position of trust, significant victim vulnerability and harm, calculated conduct in private, and denunciation and deterrence required incarceration; ancillary orders including two years probation with specified conditions, DNA sampling, a 10-year firearms prohibition and 20-year sex offender registration were ordered.

Court Disposition

Convicted of two counts of sexual assault; sentence imposed: 21 months custody; followed by 2 years probation; ancillary statutory orders imposed.

Orders

  • Custody: 21 months incarceration
  • Probation: 2 years with conditions including reporting to probation, no contact with G.N. or R.N., non-publication about complainants, 500 metre exclusion, disclosure requirement before relationships, attend and complete counselling/programming, and restrictions on online dating sites