R. v. Rosario

R. v. Rosario

Balancing significant aggravating factors (numerous incidents over extended period, young victim, intrusiveness including multiple acts of intercourse, use of force and threats, position of trust, serious victim impact) against mitigating factors (no prior record, steady employment, community support, language limitations), and applying the enhanced sentencing emphasis for child sexual offences and relevant appellate authorities, a global custodial sentence of six years is fit and is imposed, with ancillary orders as articulated.

Citation
2018 BCSC 2483
Parties
Crown: Regina; Accused: Noel Rosario; Complainant: A.C.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
20 July 2018
Procedural Posture
Criminal Sexual Offences / Sentencing (post Trial)
Outcome
Conviction recorded on the sexual interference count; conditional stay on the sexual assault count; offender sentenced to six years' imprisonment
Legal Topics
Sexual Interference, Sexual Assault, Sentencing Principles, Aggravating and Mitigating Factors, Risk Assessment, Ancillary Orders, Publication Restriction
Source Language
English
Criminal Law Sentencing Sexual Offences Child Protection Sexual Interference Sexual Assault Sentencing Principles Aggravating and Mitigating Factors +3 more

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Parties

Regina

Crown

Noel Rosario

Accused

A.C.

Complainant

Procedural Posture

Criminal Sexual Offences / Sentencing (post Trial)

Legal Issues

  1. 1 Appropriate global sentence for repeated sexual offences against a minor
  2. 2 Application of rule against multiple convictions and Crown election
  3. 3 Weight to be accorded to aggravating and mitigating factors (position of trust, duration, intrusiveness, impact, lack of prior record, community support)

Ratio Decidendi

Balancing significant aggravating factors (numerous incidents over extended period, young victim, intrusiveness including multiple acts of intercourse, use of force and threats, position of trust, serious victim impact) against mitigating factors (no prior record, steady employment, community support, language limitations), and applying the enhanced sentencing emphasis for child sexual offences and relevant appellate authorities, a global custodial sentence of six years is fit and is imposed, with ancillary orders as articulated.

Court Disposition

Conviction recorded on the sexual interference count; conditional stay on the sexual assault count; offender sentenced to six years' imprisonment

Orders

  • Register with the Sex Offender Information Registration Act for 20 years (Criminal Code s.490.012(1) implementation)
  • Provide bodily substances for forensic DNA analysis (Criminal Code s.487.051)