R. v. Clowry

R. v. Clowry

A custodial sentence of 28 months is appropriate: the aggravating factors (victim vulnerability, predatory repeated conduct, age disparity and significant victim harm) outweigh mitigation (limited unrelated record, employment and character letters); mandatory one‑year minimum under s.151 was not applied due to...

Source-derived case information.

Citation
2018 BCSC 2032
Parties
Crown: Regina; Accused: Dion Gerald Ronald Clowry
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
2 November 2018
Procedural Posture
Criminal Sexual Interference (s.151 Criminal Code) / Sentencing (oral Reasons for Sentence)
Outcome
Accused convicted and sentenced to 28 months imprisonment
Legal Topics
Sexual Interference, Age of Consent, Sentencing Principles, Aggravating and Mitigating Factors, Victim Impact, Mandatory Minimums, Ancillary Orders, Risk Assessment
Source Language
english
Criminal Law Sexual Offences Sentencing Sexual Interference Age of Consent Sentencing Principles Aggravating and Mitigating Factors Victim Impact +3 more

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Parties

Regina

Crown

Dion Gerald Ronald Clowry

Accused

Procedural Posture

Criminal Sexual Interference (s.151 Criminal Code) / Sentencing (oral Reasons for Sentence)

Legal Issues

  1. 1 Whether accused took all reasonable steps or honestly believed victim was 16 or older
  2. 2 Appropriate length of custodial sentence for sexual intercourse with a 15‑year‑old under s.151
  3. 3 Application of s.718.1, s.718, s.718.01 and s.718.2 in sentencing

Ratio Decidendi

A custodial sentence of 28 months is appropriate: the aggravating factors (victim vulnerability, predatory repeated conduct, age disparity and significant victim harm) outweigh mitigation (limited unrelated record, employment and character letters); mandatory one‑year minimum under s.151 was not applied due to Scofield. Ancillary orders (communication ban in custody, 10‑year spatial and employment restrictions, 20‑year SOIRA registration, DNA sample, firearms prohibition, copy of reasons to Corrections) were imposed.

Court Disposition

Accused convicted and sentenced to 28 months imprisonment

Orders

  • 28 months imprisonment
  • Prohibition on communicating with the victim or immediate family while in custody pursuant to s.743.21(1)