Sexual assault, Assault
R. v. R.D.W.
A publication ban applies. The offender is not named.
Sentence and the Crown's position
Crown asked8 years in custody1
Judge imposed8 years for sexual assault, 18 months concurrent for assault1
What the law allows
Maximum10 years
Crown asked8 years in custody
Judge imposed8 years in custody
Defence asked6 years in custody
A jury convicted the offender of sexual assault and assault of a child, committed repeatedly between 1989 and 1998 while he was in a position of trust. The Crown sought eight to 10 years on the sexual assault and the defence six years. Justice Brown imposed eight years for the sexual assault and 18 months concurrent for the assault, citing the abuse of trust, the young age of the victim and the frequency of the assaults.
In the judge's words
1In my view, a sentence of eight years is appropriate for Count 1. It is proportionate to the gravity of the offence and R.D.W.'s degree of responsibility.
The record
- Convicted of
- Sexual assault (CC 271)
- Assault (CC 266)
- Prior convictions
- 0 prior convictions1
- At the time of the offence
- Not stated1
- Defence asked for
- 6 years in custody1
- Appeal
- Not yet checked
- Counsel
- Crown: W. Wakabayashi, J.C. MacRae
Defence: M.J. Swartz
Sources
- R. v. R.D.W., 2021 BCSC 1851 Court decision, CanLII, August 27, 2021
[3] The Crown says that the appropriate sentence for Count 1 is eight to 10 years, and for Count 2, one to two years to be served concurrently.
[7] The defence argues that the appropriate sentence on Count 1 is six years and on Count 2, one year.
[10] There are mitigating factors. He has no record.
[37] In my view, a sentence of eight years is appropriate for Count 1. It is proportionate to the gravity of the offence and R.D.W.'s degree of responsibility.
[37] In my view, a sentence of eight years is appropriate for Count 1. … [40] With respect to the physical assaults, in my view the appropriate sentence for the physical assaults is 18 months. These assaults were frequent. They resulted from R.D.W.'s loss of his temper. I agree with the Crown that this sentence should be served concurrently, given the timeframe of the physical and sexual assaults.
- R. v. R.D.W., 2021 BCSC 1851 Court decision, Courts of British Columbia