R. v. Akumu

R. v. Akumu

Judge accepted jury verdicts and found specific disputed aggravating facts (bottle penetration; transmission to co-accused) not proven beyond a reasonable doubt but found taking of a sexually explicit photograph proven; balanced serious aggravating factors (provision of alcohol and drugs, intoxication of 14-year-old, position of low-level trust, photographic exploitation, post-offence enticement) against mitigating factors (first-time offender, genuine remorse, disproportionate impact of incarceration due to deafness) and imposed concurrent custodial sentences of two years less a day on Counts 1 and 2 and one year concurrent on Count 4 together with ancillary orders.

Citation
2017 BCSC 1502
Parties
Crown: Regina; Accused: Moreen Akumu; Co Accused: Mohammed Boima
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
17 July 2017
Procedural Posture
Criminal: Sexual Offences / Sentencing (post Trial)
Outcome
Accused convicted on jury verdicts and sentenced to incarceration: Counts 1 and 2 two years less a day concurrent; Count 4 one year concurrent; ancillary orders granted.
Legal Topics
Sexual Interference, Invitation to Sexual Touching, Householder Permitting Prohibited Sexual Activity, Mistaken Belief as to Age, Aggravating and Mitigating Factors, Victim Impact, Collateral Immigration Consequences
Source Language
English
Criminal Law Evidence Sentencing Sexual Interference Invitation to Sexual Touching Householder Permitting Prohibited Sexual Activity Mistaken Belief as to Age Aggravating and Mitigating Factors +2 more

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Parties

Regina

Crown

Moreen Akumu

Accused

Mohammed Boima

Co Accused

Procedural Posture

Criminal: Sexual Offences / Sentencing (post Trial)

Legal Issues

  1. 1 Whether accused honestly believed complainant was of legal age
  2. 2 Whether accused penetrated complainant with a liquor bottle (aggravating fact)
  3. 3 Whether accused took and transmitted a sexually explicit photograph

Ratio Decidendi

Judge accepted jury verdicts and found specific disputed aggravating facts (bottle penetration; transmission to co-accused) not proven beyond a reasonable doubt but found taking of a sexually explicit photograph proven; balanced serious aggravating factors (provision of alcohol and drugs, intoxication of 14-year-old, position of low-level trust, photographic exploitation, post-offence enticement) against mitigating factors (first-time offender, genuine remorse, disproportionate impact of incarceration due to deafness) and imposed concurrent custodial sentences of two years less a day on Counts 1 and 2 and one year concurrent on Count 4 together with ancillary orders.

Court Disposition

Accused convicted on jury verdicts and sentenced to incarceration: Counts 1 and 2 two years less a day concurrent; Count 4 one year concurrent; ancillary orders granted.

Orders

  • Custody: Count 1 (s.151) two years less a day
  • Custody: Count 2 (s.152) two years less a day, served concurrently with Count 1