R. v. Patrick

R. v. Patrick

Considering the seriousness of the sexual assault causing bodily harm, the offender's status as a repeat sexual offender, multiple aggravating factors (young, vulnerable complainant; two perpetrators; planning; prolonged attack; HIV status and no condom; offence committed while on probation) and despite Gladue...

Source-derived case information.

Citation
2018 BCSC 1033
Parties
Crown: Regina; Accused: Randy Edward Patrick; Co Accused: Adam David Tibbetts
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
31 May 2018
Procedural Posture
Criminal Sexual Offences / Sentencing (oral Reasons for Sentence)
Outcome
Accused convicted; sentenced to custody
Legal Topics
Sexual Assault Causing Bodily Harm, Unlawful Confinement, Gladue Factors, Concurrent Vs Consecutive Sentencing, Pre Sentence Custody Credit, Ancillary Orders
Source Language
english
Criminal Law Sentencing Indigenous/gladue Considerations Sexual Offences Sexual Assault Causing Bodily Harm Unlawful Confinement Gladue Factors Concurrent Vs Consecutive Sentencing +2 more

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Parties

Regina

Crown

Randy Edward Patrick

Accused

Adam David Tibbetts

Co Accused

Procedural Posture

Criminal Sexual Offences / Sentencing (oral Reasons for Sentence)

Legal Issues

  1. 1 What is a fit and proportionate sentence for a repeat serious sexual assault given Gladue factors and the offender's cognitive impairments
  2. 2 Whether the unlawful confinement should be sentenced consecutively to the sexual assault (Kienapple/concurrency issue)
  3. 3 Appropriate credit for pre‑sentence custody

Ratio Decidendi

Considering the seriousness of the sexual assault causing bodily harm, the offender's status as a repeat sexual offender, multiple aggravating factors (young, vulnerable complainant; two perpetrators; planning; prolonged attack; HIV status and no condom; offence committed while on probation) and despite Gladue factors and cognitive impairment mitigating moral culpability, a custodial sentence emphasizing denunciation, deterrence and public protection was necessary. The unlawful confinement was distinct and warranted a consecutive term. The court fixed five years for sexual assault causing bodily harm and one year consecutive for unlawful confinement (total 72 months), credited...

Court Disposition

Accused convicted; sentenced to custody

Orders

  • Custody: 5 years for sexual assault causing bodily harm (s.272(1)(c) Criminal Code)
  • Custody: 1 year consecutive for unlawful confinement (s.279(2) Criminal Code)