R. v. Scofield

R. v. Scofield

The mandatory one-year custodial minimum in s.151(a) is grossly disproportionate as applied to this offender given his severe cognitive impairments, low-to-moderate risk of reoffending, absence of predatory or coercive conduct and the fit and proportionate sentence in his circumstances is a six-month sentence to be served in the community (conditional sentence); accordingly the court allowed the s.12 declaration that s.151(a) is of no force or effect as applied to Mr. Scofield and deferred final sentencing to permit Crown s.1 submissions.

Citation
2018 BCSC 91
Parties
Crown: Regina; Accused: Dylan Scofield
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
23 January 2018
Procedural Posture
Criminal Sentencing; Constitutional Challenge Under Charter S.12 / Sentencing Hearing; Application for Declaration Allowed; Sentencing Deferred for S.1 Submissions
Outcome
Application granted: s.151(a) mandatory minimum of one year declared of no force or effect as applied to Mr. Scofield; sentencing deferred pending Crown s.1 submissions
Legal Topics
Sexual Interference, Mandatory Minimum Sentence, Charter S.12 Challenge, Conditional Sentence, Vulnerable Offender Assessment, Risk and Mitigation
Source Language
English
Criminal Law Constitutional Law Sentencing Law Sexual Interference Mandatory Minimum Sentence Charter S.12 Challenge Conditional Sentence Vulnerable Offender Assessment +1 more

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Parties

Regina

Crown

Dylan Scofield

Accused

Procedural Posture

Criminal Sentencing; Constitutional Challenge Under Charter S.12 / Sentencing Hearing; Application for Declaration Allowed; Sentencing Deferred for S.1 Submissions

Legal Issues

  1. 1 Whether the one-year mandatory minimum in s.151(a) of the Criminal Code constitutes cruel and unusual punishment under Charter s.12 as applied to this offender
  2. 2 What is the fit and proportionate sentence for an intellectually disabled, first-time offender convicted of sexual interference with 15-year-olds
  3. 3 Whether a conditional sentence is available and appropriate absent the mandatory minimum

Ratio Decidendi

The mandatory one-year custodial minimum in s.151(a) is grossly disproportionate as applied to this offender given his severe cognitive impairments, low-to-moderate risk of reoffending, absence of predatory or coercive conduct and the fit and proportionate sentence in his circumstances is a six-month sentence to be served in the community (conditional sentence); accordingly the court allowed the s.12 declaration that s.151(a) is of no force or effect as applied to Mr. Scofield and deferred final sentencing to permit Crown s.1 submissions.

Court Disposition

Application granted: s.151(a) mandatory minimum of one year declared of no force or effect as applied to Mr. Scofield; sentencing deferred pending Crown s.1 submissions

Orders

  • Declaration that Criminal Code s.151(a) mandatory minimum sentence of one year violates Charter s.12 and is of no force or effect as applied to Dylan Scofield
  • Sentencing is deferred to allow the Crown to make s.1 submissions and to permit further argument on whether to proceed with sentencing immediately or defer