R. v. Blanthorne

R. v. Blanthorne

The appropriate sentence for Count 2 is four‑and‑a‑half years imprisonment (54 months) with a concurrent one‑year sentence on Count 3 and a conditional stay on Count 1 because the offender's repeated, frequent and sustained sexualized conduct against a nine‑to‑eleven year‑old victim, combined with grooming, position...

Source-derived case information.

Citation
2024 BCSC 227
Parties
Crown: Rex; Accused: Jacob Ross Blanthorne
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
10 January 2024
Procedural Posture
Criminal / Sentencing (post Conviction)
Outcome
Conviction affirmed by jury; Count 2 sentenced to 4.5 years imprisonment; Count 3 sentenced to one year concurrent; Count 1 conditionally stayed; SOIRA registration ordered for life; non‑communication and ancillary orders imposed; DNA and weapons orders made; victim fine surcharge waived.
Legal Topics
Sexual Interference, Invitation to Sexual Touching, Sexual Assault, Sentencing Principles, SOIRA, Non‑communication Orders, S.161 Exclusions, Weapons Prohibition, DNA Orders
Source Language
english
Criminal Law Child Sexual Offences Sentencing Ancillary Orders Sexual Interference Invitation to Sexual Touching Sexual Assault Sentencing Principles +5 more

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 6 Authorities cited 22 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Rex

Crown

Jacob Ross Blanthorne

Accused

Procedural Posture

Criminal / Sentencing (post Conviction)

Legal Issues

  1. 1 appropriate custodial sentence for repeated sexual offences against a child
  2. 2 scope of fact‑finding for sentencing after a jury conviction under s.724(2)
  3. 3 application of Friesen and C.K. frameworks to assess moral blameworthiness and harm

Ratio Decidendi

The appropriate sentence for Count 2 is four‑and‑a‑half years imprisonment (54 months) with a concurrent one‑year sentence on Count 3 and a conditional stay on Count 1 because the offender's repeated, frequent and sustained sexualized conduct against a nine‑to‑eleven year‑old victim, combined with grooming, position of trust and significant psychological harm, made his moral blameworthiness high; mitigation (no prior record, employment, family support) carried limited weight; pursuant to ss.490.012–490.013 and Ndhlovu the court found the offences demonstrated an increased risk of sexual reoffending and imposed a life SOIRA order; ancillary orders including a non‑communication order with...

Court Disposition

Conviction affirmed by jury; Count 2 sentenced to 4.5 years imprisonment; Count 3 sentenced to one year concurrent; Count 1 conditionally stayed; SOIRA registration ordered for life; non‑communication and ancillary orders imposed; DNA and weapons orders made; victim fine surcharge waived.

Orders

  • Count 2: 4.5 years (54 months) imprisonment.
  • Count 3: 1 year imprisonment concurrent to Count 2.