R. v. B.D.M.

R. v. B.D.M.

After weighing aggravating factors (breach of trust, prolonged and invasive sexual offending, severe victim harm), mitigating factors (traumatic upbringing, mental illness, lack of record, willingness to treat), and applying Friesen and totality principles, the court imposed a global sentence of eight years' imprisonment (Count 4 incest five years; Counts 1 and 3 three to five years concurrent to Count 4 producing eight years for R.M.; I.M. offences consecutive resulting in aggregate eight years after a one‑year Gladue reduction from the Crown's proposed nine years). Ancillary orders for DNA, no communication, and 20‑year SOIRA registration were made.

Citation
2021 BCSC 1738
Parties
Crown: Regina; Accused: B.D.M.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
6 July 2021
Procedural Posture
Criminal Sentencing / Sentencing (post Conviction)
Outcome
Offender sentenced to eight years' imprisonment commencing immediately; stay entered on Count 2 of Indictment 24888 as agreed; ancillary orders made
Legal Topics
Sexual Interference, Sexual Touching, Incest, Sentencing Principles, Gladue, SOIRA Registration, DNA Order, No‑contact Order, Friesen Precedent
Source Language
English
Criminal Law Sentencing Child Sexual Abuse Indigenous Gladue Considerations Sexual Interference Sexual Touching Incest Sentencing Principles +5 more

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Parties

Regina

Crown

B.D.M.

Accused

Procedural Posture

Criminal Sentencing / Sentencing (post Conviction)

Legal Issues

  1. 1 Appropriate global sentence for multiple, prolonged child sexual offences by a guardian figure
  2. 2 Application of R. v. Friesen guidance increasing sentences for child sexual offences
  3. 3 Application of Gladue principles to an offender of Indigenous heritage

Ratio Decidendi

After weighing aggravating factors (breach of trust, prolonged and invasive sexual offending, severe victim harm), mitigating factors (traumatic upbringing, mental illness, lack of record, willingness to treat), and applying Friesen and totality principles, the court imposed a global sentence of eight years' imprisonment (Count 4 incest five years; Counts 1 and 3 three to five years concurrent to Count 4 producing eight years for R.M.; I.M. offences consecutive resulting in aggregate eight years after a one‑year Gladue reduction from the Crown's proposed nine years). Ancillary orders for DNA, no communication, and 20‑year SOIRA registration were made.

Court Disposition

Offender sentenced to eight years' imprisonment commencing immediately; stay entered on Count 2 of Indictment 24888 as agreed; ancillary orders made

Orders

  • Global custodial sentence of 8 years, to commence immediately
  • Stay of Count 2 of Indictment 24888 (sexual assault) pursuant to Kienapple principle