R. v. Smith

R. v. Smith

The court accepted the jointly recommended two year custodial sentence because the aggravating factors (sexual interference of a 15-year-old, abuse of trust, significant sexual contact and lasting harm) warranted significant imprisonment but were balanced by substantial mitigation (no prior record, low risk to reoffend, advanced age and health), making the two year sentence proportionate and consistent with Friesen and relevant authorities.

Citation
2022 BCSC 842
Parties
Crown: Regina; Accused: Grant Wilson Smith
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
5 May 2022
Procedural Posture
Criminal / Sentencing
Outcome
Convicted of touching a person under 16 contrary to s.151; sentenced to two years' imprisonment.
Legal Topics
Sexual Interference, Sentencing Principles, Joint Submission, Publication Ban, Abuse of Trust
Source Language
English
Criminal Law Sentencing Child Sexual Offences Sexual Interference Sentencing Principles Joint Submission Publication Ban Abuse of Trust

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Parties

Regina

Crown

Grant Wilson Smith

Accused

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 What is the appropriate sentence for sexual interference of a person under 16?
  2. 2 Whether the court should accept a joint submission on sentence
  3. 3 Application of s.718, s.718.01 and Friesen to child sexual offending

Ratio Decidendi

The court accepted the jointly recommended two year custodial sentence because the aggravating factors (sexual interference of a 15-year-old, abuse of trust, significant sexual contact and lasting harm) warranted significant imprisonment but were balanced by substantial mitigation (no prior record, low risk to reoffend, advanced age and health), making the two year sentence proportionate and consistent with Friesen and relevant authorities.

Court Disposition

Convicted of touching a person under 16 contrary to s.151; sentenced to two years' imprisonment.

Orders

  • Two years' custody imposed.
  • DNA order under s.487.051(1) (mandatory pursuant to s.487.04).