R. v. G.E.W.

R. v. G.E.W.

Although the offender's residential school history and Aboriginal background reduced moral culpability and were considered under Gladue, the gravity, prolonged nature and breach of trust in offences against his daughters, the offender's denial of responsibility, statutory constraints on conditional sentences and the need for denunciation and deterrence required an active custodial sentence. Applying sentencing authorities and the totality principle the court imposed a global term of seven years' imprisonment and made mandatory ancillary orders (20-year SOIRA, DNA order, communication and other prohibitions, 10-year firearms prohibition).

Citation
2014 BCSC 2597
Parties
Crown: Regina; Accused: G.E.W.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
8 December 2014
Procedural Posture
Criminal / Sentencing
Outcome
Convictions entered; counts 4 and 9 stayed; global custodial sentence imposed
Legal Topics
Sexual Interference, Sexual Assault, Incest, Sentencing Principles, Gladue Factors, Ancillary Orders, SOIRA, DNA Order
Source Language
English
Criminal Law Sexual Offences Indigenous Sentencing (gladue) Sexual Interference Sexual Assault Incest Sentencing Principles Gladue Factors +3 more

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Parties

Regina

Crown

G.E.W.

Accused

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate global sentence for prolonged sexual offences against the offender's children
  2. 2 Application and weight of Gladue factors in sentencing an aboriginal offender
  3. 3 Availability of conditional sentence given statutory restrictions and minimums

Ratio Decidendi

Although the offender's residential school history and Aboriginal background reduced moral culpability and were considered under Gladue, the gravity, prolonged nature and breach of trust in offences against his daughters, the offender's denial of responsibility, statutory constraints on conditional sentences and the need for denunciation and deterrence required an active custodial sentence. Applying sentencing authorities and the totality principle the court imposed a global term of seven years' imprisonment and made mandatory ancillary orders (20-year SOIRA, DNA order, communication and other prohibitions, 10-year firearms prohibition).

Court Disposition

Convictions entered; counts 4 and 9 stayed; global custodial sentence imposed

Orders

  • Counts 5 and 6 (sexual interference): 3 years each recorded, concurrent with each other and concurrent with count 7
  • Count 7 (incest): 7 years imprisonment