R. v. S.H.B.

R. v. S.H.B.

Count 2 was conditionally stayed under the Kienapple multiple convictions rule; sentencing followed Friesen: aggravating factors (abuse of trust as stepparent, prolonged and frequent offending from age 11-18, grooming, significant physical sexual interference and harm) justified a term greater than mid-single digits; deportation consequences did not warrant reduction. Result: 7.5 years imprisonment concurrent on Counts 1 and 3, 3 years concurrent on Count 4, plus ancillary orders (firearm prohibitions, DNA, SOIRA lifetime registration, no communication while incarcerated).

Citation
2022 BCSC 441
Parties
Crown: Regina; Accused: S.H.B.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
24 February 2022
Procedural Posture
Criminal Sexual Offences / Sentencing (oral Reasons)
Outcome
Convicted on Counts 1, 3 and 4; Count 2 conditionally stayed under Kienapple; sentences imposed.
Legal Topics
Sexual Interference, Invitation to Sexual Touching, Sexual Exploitation, Sexual Assault, Abuse of Trust, Grooming, Friesen Sentencing Framework, Collateral Consequences
Source Language
English
Criminal Law Sentencing Sexual Offences Immigration Consequences Sexual Interference Invitation to Sexual Touching Sexual Exploitation Sexual Assault +4 more

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Parties

Regina

Crown

S.H.B.

Accused

Procedural Posture

Criminal Sexual Offences / Sentencing (oral Reasons)

Legal Issues

  1. 1 Whether Count 2 should be stayed under the Kienapple rule against multiple convictions
  2. 2 What is the fit sentence having regard to R. v. Friesen factors (abuse of trust, duration, frequency, age, degree of physical interference, victim participation)
  3. 3 Whether collateral consequences (deportation) warrant a reduced sentence

Ratio Decidendi

Count 2 was conditionally stayed under the Kienapple multiple convictions rule; sentencing followed Friesen: aggravating factors (abuse of trust as stepparent, prolonged and frequent offending from age 11-18, grooming, significant physical sexual interference and harm) justified a term greater than mid-single digits; deportation consequences did not warrant reduction. Result: 7.5 years imprisonment concurrent on Counts 1 and 3, 3 years concurrent on Count 4, plus ancillary orders (firearm prohibitions, DNA, SOIRA lifetime registration, no communication while incarcerated).

Court Disposition

Convicted on Counts 1, 3 and 4; Count 2 conditionally stayed under Kienapple; sentences imposed.

Orders

  • Imprisonment: 7.5 years on Counts 1 and 3 to be served concurrently
  • Imprisonment: 3 years on Count 4 to be served concurrently with Counts 1 and 3