Incest, Sexual assault, Assault
R. v. A.H.K.
A publication ban applies. The offender is not named.
- Below the Crown's ask
Sentence and the Crown's position
Crown asked14 years in custody1
Judge imposed12 years' imprisonment (concurrent sentences), less 6 days' presentence credit1
2 years less custody than the Crown asked
What the law allows
Maximum14 years
Crown asked14 years in custody
Judge imposed12 years in custody
Defence asked8 years in custody
Following a jury trial, the offender was found guilty of incest, sexual assault and assault committed against a child over several years. The Crown sought a global sentence of 14 years' imprisonment and the defence sought eight to ten years. Justice Ker imposed 12 years' imprisonment, finding the offender's moral blameworthiness could not be higher given a protracted breach of trust.
In the judge's words
1These factors all speak to the gravity of the offending and the offender's degree of responsibility for the offences. His moral blameworthiness could not be higher.
The record
Sources
- https://www.canlii.org/en/bc/bcsc/doc/2022/2022bcsc1563/2022bcsc1563.html Court decision
[7] The Crown seeks a global sentence of 14 years' imprisonment, apportioned as 14 years' imprisonment for the incest offence in Count 1; eight years' imprisonment for the sexual assault offence in Count 2; and a sentence of 18 months' imprisonment for the assault offence in Count 3, with all sentences to be served concurrently.
[8] Counsel for the offender seeks a global sentence of eight to ten years' imprisonment
[58] … the offender has no criminal record. He is to be treated as a first offender.
[145] … These factors all speak to the gravity of the offending and the offender's degree of responsibility for the offences. His moral blameworthiness could not be higher.
[148] In all the circumstances, I find that a sentence of 12 years' imprisonment on Count 1, eight years' imprisonment on Count 2, and 18 months' imprisonment on Count 3, all sentences to be served concurrently, is required … he is entitled to have six days deducted from the overall sentence as presentence custody for that period of time.
- R. v. A.H.K., 2022 BCSC 1563 Court decision, Courts of British Columbia