R. v. Z.K.

R. v. Z.K.

Applying the Friesen framework and weighing aggravating factors (breach of parental trust, frequent and repeated abuse over ~2 years, victim aged 9–11, severe emotional and psychological harm) against limited mitigation, a global sentence of seven years' imprisonment concurrent on both counts is fit and proportionate; additional statutory orders (DNA, SOIRA registration, firearms prohibition, transmission to Correctional Services) were mandated.

Citation
2021 BCSC 1926
Parties
Crown: Regina; Accused: Z.K.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
7 September 2021
Procedural Posture
Criminal / Sentencing (oral Reasons)
Outcome
Convicted and sentenced to seven years' imprisonment, to be served concurrently on both counts; additional statutory and ancillary orders imposed.
Legal Topics
Sexual Interference, Sexual Touching, Denunciation and Deterrence, Friesen Framework, Position of Trust, Publication Ban, DNA Order, Sex Offender Information Registration Act, Firearms Prohibition
Source Language
English
Criminal Law Sexual Offences Child Sexual Abuse Sentencing Sexual Interference Sexual Touching Denunciation and Deterrence Friesen Framework +5 more

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Parties

Regina

Crown

Z.K.

Accused

Procedural Posture

Criminal / Sentencing (oral Reasons)

Legal Issues

  1. 1 What is a fit sentence for prolonged sexual abuse of a child by a parent
  2. 2 Application and effect of R. v. Friesen on sentencing ranges despite earlier statutory maximums
  3. 3 Identification and weight of aggravating and mitigating factors (breach of trust, frequency, victim age, psychological harm, first offender status)

Ratio Decidendi

Applying the Friesen framework and weighing aggravating factors (breach of parental trust, frequent and repeated abuse over ~2 years, victim aged 9–11, severe emotional and psychological harm) against limited mitigation, a global sentence of seven years' imprisonment concurrent on both counts is fit and proportionate; additional statutory orders (DNA, SOIRA registration, firearms prohibition, transmission to Correctional Services) were mandated.

Court Disposition

Convicted and sentenced to seven years' imprisonment, to be served concurrently on both counts; additional statutory and ancillary orders imposed.

Orders

  • Take bodily samples in Form 5.03 for DNA analysis pursuant to s.487.051(1) of the Criminal Code
  • Comply with the Sex Offender Information Registration Act for life pursuant to s.490.012(1) of the Criminal Code (life SOIRA order)