R. v. Roth

R. v. Roth

Given the young age of the victim, the offender's position of trust, the repeated and invasive nature of the offences causing physical and psychological harm, and the Supreme Court's directive in R. v. Friesen to increase sentences for child sexual offences, a custodial sentence of 16 months (one year and four...

Source-derived case information.

Citation
2020 BCSC 2200
Parties
Crown: Regina; Accused: Terry Daniel Roth
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
16 October 2020
Procedural Posture
Criminal / Sentencing
Outcome
Accused sentenced to 16 months custody commencing today; three years probation with conditions; 20 years SOIRA registration; mandatory DNA sample; 10 year firearms prohibition; no credit for time spent in custody.
Legal Topics
Sexual Interference, Invitation to Sexual Touching, Publication Ban, Sex Offender Registration, DNA Order, Firearms Prohibition, Probation, Sentencing Guidance From R. V. Friesen
Source Language
english
Criminal Law Sexual Offences Sentencing Sexual Interference Invitation to Sexual Touching Publication Ban Sex Offender Registration DNA Order +3 more

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 6 Authorities cited 14 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Regina

Crown

Terry Daniel Roth

Accused

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate custodial sentence for sexual offences against a child
  2. 2 Application of R. v. Friesen sentencing guidance
  3. 3 Aggravating and mitigating factors including position of trust and lack of remorse

Ratio Decidendi

Given the young age of the victim, the offender's position of trust, the repeated and invasive nature of the offences causing physical and psychological harm, and the Supreme Court's directive in R. v. Friesen to increase sentences for child sexual offences, a custodial sentence of 16 months (one year and four months) concurrent on the counts is proportionate to achieve denunciation and deterrence; ancillary mandatory orders (20 years SOIRA, DNA sample, 10 year firearms prohibition) follow statutory requirements and three years probation with specified conditions is appropriate for community protection and supervision.

Court Disposition

Accused sentenced to 16 months custody commencing today; three years probation with conditions; 20 years SOIRA registration; mandatory DNA sample; 10 year firearms prohibition; no credit for time spent in custody.

Orders

  • Custodial sentence of 16 months commencing October 16, 2020, to be served concurrently on both convictions
  • Three years probation with conditions including keep the peace and be of good behaviour; no direct or indirect contact with the victim (T.D.); not to attend residence, school or workplace of T.D.; report to probation within 24 hours of release; restrictions on presence with persons under 16 years except for his son...