R. v. Walkus

R. v. Walkus

The offender's serious aggravating conduct (home invasion, prolonged violent sexual assault, threats, severe victim trauma) outweighed mitigation, but Gladue factors and guilty plea warranted moderation; the judge imposed concurrent custodial terms resulting in an effective custodial sentence of one year (count 1), six months (count 2) and three months (count 4) served concurrently, two years probation with conditions, ancillary firearms and DNA orders, a stay on count 3 and a waiver of the victim fine surcharge.

Citation
2016 BCSC 2657
Parties
Crown: Regina; Accused: Johnny Lee Randy Walkus
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
20 September 2016
Procedural Posture
Criminal / Sentencing
Outcome
Accused convicted (guilty pleas) and sentenced to concurrent custodial terms and probation; one count stayed; ancillary orders imposed; victim surcharge waived.
Legal Topics
Sexual Assault Causing Bodily Harm, Break and Enter, Uttering Threats, Gladue Factors, Probation Conditions, Victim Impact Statement, Concurrent Sentences, Time Served Credit
Source Language
English
Criminal Law Sexual Offences Property Offences Sentencing Aboriginal Sentencing (gladue) Sexual Assault Causing Bodily Harm Break and Enter Uttering Threats +5 more

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Parties

Regina

Crown

Johnny Lee Randy Walkus

Accused

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 What is the appropriate global sentence for break and enter with sexual assault causing bodily harm and uttering threats
  2. 2 Application and weight of Gladue factors for an aboriginal offender
  3. 3 Balancing aggravating and mitigating factors including extensive prior record and guilty plea

Ratio Decidendi

The offender's serious aggravating conduct (home invasion, prolonged violent sexual assault, threats, severe victim trauma) outweighed mitigation, but Gladue factors and guilty plea warranted moderation; the judge imposed concurrent custodial terms resulting in an effective custodial sentence of one year (count 1), six months (count 2) and three months (count 4) served concurrently, two years probation with conditions, ancillary firearms and DNA orders, a stay on count 3 and a waiver of the victim fine surcharge.

Court Disposition

Accused convicted (guilty pleas) and sentenced to concurrent custodial terms and probation; one count stayed; ancillary orders imposed; victim surcharge waived.

Orders

  • Count 1 (break and enter and commit sexual assault causing bodily harm): one year custody (effective)
  • Count 2 (sexual assault causing bodily harm): six months custody, to be served concurrently