Sexual assault, Forcible confinement
R. v. F.B.P.
A publication ban applies. The offender is not named.
- Below the Crown's ask
Sentence and the Crown's position
What the law allows
The offender was convicted after trial of sexual assault and forcible confinement arising from a single incident in 2017. The Crown sought four years in custody and the defence between two years less a day and three and a half years. Justice Jackson imposed three and a half years for the sexual assault with 12 months concurrent for the forcible confinement, finding deterrence and denunciation to be the paramount sentencing objectives.
In the judge's words
1Having considered the submissions of counsel, the governing legal principles and the case law, as well as your circumstances, and the circumstances of these offences, I have determined that the principles of deterrence and denunciation remain the paramount sentencing objectives in this case.
The record
- Convicted of
- Sexual assault (CC 271)
- Forcible confinement (CC 279(2))
- Prior convictions
- 46 prior convictions1
- At the time of the offence
- Not stated1
- Defence asked for
- 2 years less a day in custody1
- Appeal
- Not yet checked
- Counsel
- Crown: M.J.H. Stacey
Defence: M. Beckett
Sources
- R. v. F.B.P., 2022 BCSC 680 Court decision, CanLII, April 8, 2022
[5] At this stage of the proceeding, my task is to determine a just and proportionate sentence. Counsel agree that a period of imprisonment is required, but disagree on the length. The Crown submits the appropriate sentence is four years' imprisonment for the sexual assault and one year of imprisonment for the forcible confinement to be served concurrently, along with various mandatory ancillary orders.
[5] … Defence counsel submits a fit and proper sentence for the sexual assault of … is between two years less a day and three and a half years.
[23] … In total, his record consists of 46 convictions.
[62] Having considered the submissions of counsel, the governing legal principles and the case law, as well as your circumstances, and the circumstances of these offences, I have determined that the principles of deterrence and denunciation remain the paramount sentencing objectives in this case.
[63] For the offence of sexual assault, Count 1 on the indictment, I sentence you to three and a half years in prison. … [64] For the offence of forcible confinement, Count 2 on the indictment, I sentence you to 12 months in prison to be served concurrently.
- Criminal Code, s. 271 Record, Justice Laws Website
- R. v. F.B.P., 2022 BCSC 680 Court decision, Courts of British Columbia