Extortion
R. v. Radau
- Below the Crown's ask
- No jail for a violent offence
Sentence and the Crown's position
A conditional sentence is served in the community, usually under house arrest. It counts as no custody here.
What the law allows
Cole Alan Daniel Radau pleaded guilty to extortion for emailing his estranged wife's niece demanding $20,000 and threatening to publish nude videos of a young woman online, a week after being convicted of assaulting his wife. The Crown sought 18 to 24 months in custody followed by probation; the defence sought an 18-month conditional sentence. Justice Lyster imposed a conditional sentence of two years less a day followed by 18 months of probation, finding that with restrictive conditions it could meet deterrence and denunciation while better promoting rehabilitation.
In the judge's words
1Considering these principles, and particularly the principle of restraint, I have concluded that a CSO is consistent with the fundamental purpose and principles of sentencing. Provided appropriately restrictive conditions are imposed, a lengthy CSO can adequately communicate deterrence and denunciation of Mr. Radau's wrongful conduct, while at the same time better promoting Mr. Radau's rehabilitation and reintegration into the community than a term of conventional incarceration would.
The record
Sources
- R. v. Radau, 2025 BCSC 2112 Court decision, CanLII, October 6, 2025
[5] The Crown's position is that Mr. Radau should be sentenced to a term of 18 to 24 months incarceration, followed by two years probation.
The defence's position is that Mr. Radau should be sentenced to a conditional sentence order ("CSO") of 18 months, followed by 18 months probation.
[65] I turn to a consideration of whether a CSO would be appropriate in this case. The first criterion is obviously met, as extortion is not subject to a mandatory minimum sentence.
Cole Alan Daniel RADAU, on or about the 3rd day of June, 2023, at or near Cranbrook, in the Province of British Columbia, did commit extortion
[72] Considering these principles, and particularly the principle of restraint, I have concluded that a CSO is consistent with the fundamental purpose and principles of sentencing. Provided appropriately restrictive conditions are imposed, a lengthy CSO can adequately communicate deterrence and denunciation of Mr. Radau's wrongful conduct, while at the same time better promoting Mr. Radau's rehabilitation and reintegration into the community than a term of conventional incarceration would.
[73] Mr. Radau, please stand. I hereby sentence you to a term of imprisonment of two years less a day, to be served in the community, to be followed by 18 months probation.
- R. v. Radau, 2025 BCSC 2112 Court decision, Courts of British Columbia