R. v. P.

R. v. P.

Balanced application of Poulin and Gladue: offender is entitled to the benefit of past maximum penalties but the court must apply up-to-date judicial understanding of harms from child sexual abuse; after weighing aggravating factors (premeditation, grooming, repeated abuse, abuse of trust, significant victim harm)...

Source-derived case information.

Citation
2021 BCSC 1563
Parties
Crown: Regina; Accused: D. R. P.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
29 April 2021
Procedural Posture
Criminal Sexual Offences / Sentencing (oral Reasons for Sentence)
Outcome
Accused sentenced to 18 months' imprisonment (concurrent on counts) with credit for pre-sentence custody resulting in effective time served and immediate release.
Legal Topics
Sexual Interference, Invitation to Sexual Touching, S.11(i) Charter Poulin, Gladue Principles, Credit for Pre Sentence Custody, DNA Order, SOIRA Registration, Firearms Prohibition
Source Language
english
Criminal Law Sentencing Indigenous Sentencing (gladue) Sexual Offences Sexual Interference Invitation to Sexual Touching S.11(i) Charter Poulin Gladue Principles +4 more

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Parties

Regina

Crown

D. R. P.

Accused

Procedural Posture

Criminal Sexual Offences / Sentencing (oral Reasons for Sentence)

Legal Issues

  1. 1 Appropriate sentence for historical sexual offences against children committed 2002-2005
  2. 2 Whether the offender is entitled to sentencing under the lesser historical regime per s.11(i) Charter (Poulin)
  3. 3 Application of Gladue and s.718.2(e) factors in sentencing an Indigenous offender

Ratio Decidendi

Balanced application of Poulin and Gladue: offender is entitled to the benefit of past maximum penalties but the court must apply up-to-date judicial understanding of harms from child sexual abuse; after weighing aggravating factors (premeditation, grooming, repeated abuse, abuse of trust, significant victim harm) against mitigation (no prior record, advanced age, health, Gladue factors, lengthy period without reoffending) the appropriate custodial sentence is 18 months concurrent on each count, with credit for 371 days custody at 1.5 (557 days) resulting in time served and immediate release; ancillary orders for DNA (within 30 days), 10-year firearms prohibition (lifetime for prohibited...

Court Disposition

Accused sentenced to 18 months' imprisonment (concurrent on counts) with credit for pre-sentence custody resulting in effective time served and immediate release.

Orders

  • Custody: 18 months' incarceration on each count to be served concurrently
  • Pre-sentence custody credited at 1.5: 371 days x1.5 = 557 days (credited) resulting in sentence served and immediate release