Sexual assault of a person under 16
R. v. R.D.P.
A publication ban applies. The offender is not named.
- On release at the time
Sentence and the Crown's position
Crown asked3 years in custody1
Judge imposed4 years in custody1
What the law allows
Maximum14 years
Crown asked3 years in custody
Judge imposed4 years in custody
Defence asked2 years in custody
Minimum1 year
The offender pleaded guilty to sexual assault of a complainant who was between 13 and 15 years old, committed while he was on bail for other sexual offences against minors. The Crown sought three to four years and the defence two years. Justice Matthews imposed four years in custody, citing denunciation, deterrence and protection of the public.
In the judge's words
1Taking all of this into account, I conclude that denunciation, specific deterrence, general deterrence, and protection of the public are key elements of a fit sentence in this case. Considering the parity principle, in connection with the cases I have discussed, I impose a sentence of four years.
The record
- Convicted of
- Sexual assault of a person under 16 (CC 271 U16)
- Prior convictions
- Not recorded
- At the time of the offence
- On bail1
- Defence asked for
- 2 years in custody1
- Appeal
- Not yet checked
- Counsel
- Crown: P.G. Corbett
Defence: M. Jasper
Sources
- R. v. R.D.P., 2021 BCSC 1872 Court decision, CanLII, August 12, 2021
[28] The Crown seeks a sentence of three to four years.
[30] … submits that the appropriate sentence is two years.
[67] … previous record, including that he was on bail for other charges for sexual offences against minors when he engaged in multiple acts of sexual assault on
[72] Taking all of this into account, I conclude that denunciation, specific deterrence, general deterrence, and protection of the public are key elements of a fit sentence in this case. Considering the parity principle, in connection with the cases I have discussed, I impose a sentence of four years.
[79] … please stand. I sentence you to four years in custody.
- R. v. R.D.P., 2021 BCSC 1872 Court decision, Courts of British Columbia