R. v. Anglin

R. v. Anglin

Applying the Friesen framework, the court found the offence involved repeated and escalating invasive sexual interference of a nine‑year‑old by an adult who abused a position of trust, causing significant and continuing harm; the offender's personal circumstances and lack of record were not sufficiently mitigating,...

Source-derived case information.

Citation
2024 BCSC 364
Parties
Prosecution: Rex (The Crown); Defendant: Selburn S. Anglin
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
10 January 2024
Procedural Posture
Criminal Sexual Offences (sexual Interference; Sexual Assault) / Sentencing
Outcome
Conditional stay entered on sexual assault charge pursuant to R. v. Kienapple; convicted of sexual interference (s.151 Criminal Code) and sentenced to six years' custody.
Legal Topics
Sexual Interference, Sentencing Principles, Friesen Framework, Aggravating and Mitigating Factors, Position of Trust, Parity, Victim Impact, Denunciation and Deterrence
Source Language
english
Criminal Law Sentencing Child Protection Indigenous Issues Sexual Interference Sentencing Principles Friesen Framework Aggravating and Mitigating Factors +4 more

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Parties

Rex (The Crown)

Prosecution

Selburn S. Anglin

Defendant

Procedural Posture

Criminal Sexual Offences (sexual Interference; Sexual Assault) / Sentencing

Legal Issues

  1. 1 What is a fit and proportionate sentence for repeated sexual interference of a nine‑year‑old under the Friesen framework
  2. 2 Whether the offender's race or the victim's Indigeneity aggravates or mitigates culpability
  3. 3 Whether the offender abused a position of trust

Ratio Decidendi

Applying the Friesen framework, the court found the offence involved repeated and escalating invasive sexual interference of a nine‑year‑old by an adult who abused a position of trust, causing significant and continuing harm; the offender's personal circumstances and lack of record were not sufficiently mitigating, risk to reoffend was unknown, and parity with comparable cases supported a six‑year custodial sentence together with mandatory ancillary orders.

Court Disposition

Conditional stay entered on sexual assault charge pursuant to R. v. Kienapple; convicted of sexual interference (s.151 Criminal Code) and sentenced to six years' custody.

Orders

  • Conditional stay of proceedings on sexual assault charge pursuant to R. v. Kienapple
  • Custodial sentence of six years on count of sexual interference (s.151 Criminal Code)