R. v. Andrews (D.B.), (2006) 394 A.R. 349 (PC)

• Judge: Fradsham, P.C.J.
• Court: Provincial Court of Alberta (Canada)
• Case Date: February 28, 2006
• Citations: (2006), 394 A.R. 349 (PC);2006 ABPC 63

R. v. Andrews (D.B.) (2006), 394 A.R. 349 (PC)

MLB headnote and full text

Temp. Cite: [2006] A.R. TBEd. MR.049

Her Majesty The Queen v. Dax Bruce Andrews (050769488P1; 2006 ABPC 63)

Indexed As: R. v. Andrews (D.B.)

Alberta Provincial Court

Fradsham, P.C.J.

February 28, 2006.

Summary:

The 36 year old accused pleaded guilty under s. 153(1)(a) of the Criminal Code to sexual exploitation while being in a position of trust or authority. The accused was a high school teacher who had a 4.5 month relationship with a female student that involved mutual kissing, oral sex, masturbation and sexual intercourse.

The Alberta Provincial Court sentenced the accused to an 18 month conditional sentence followed by 12 months' probation. Conditions included house arrest, counselling, 200 hours of community service and a prohibition against contact with 14-18 year old children. The court ordered registration under the Sex Offenders Information Registration Act and the provision of a DNA sample for the DNA databank.

Criminal Law - Topic 3090.4

Special powers - Sex offender registration legislation - Registration - When available - [See Criminal Law - Topic 5949 ].

Criminal Law - Topic 5720.4

Punishments (sentence) - Conditional sentence - When available or appropriate - [See Criminal Law - Topic 5949 ].

Criminal Law - Topic 5720.5

Punishments (sentence) - Conditional sentence - Conditions of - [See Criminal Law - Topic 5949 ].

Criminal Law - Topic 5848.7

Sentencing - Considerations on imposing sentence - Denunciation or repudiation of conduct - [See Criminal Law - Topic 5949 ].

Criminal Law - Topic 5848.9

Sentencing - Considerations on imposing sentence - Sexual offences against children - [See Criminal Law - Topic 5949 ].

Criminal Law - Topic 5949

Sentence - Sexual interference or exploitation by person in position of trust or authority - The 36 year old accused high school teacher pleaded guilty to sexual exploitation of a student while being in a position of trust or authority - The accused had a 4.5 month relationship with a female student that involved mutual kissing, oral sex, masturbation and sexual intercourse - The accused's wife of 10 years remained supportive - The accused had a history of "boundary" issues with students, although there was no evidence of any attraction to prepubescent children and he was assessed as a "low risk" to reoffend - The accused's teaching career was lost after 14 years - The Alberta Provincial Court sentenced the accused to an 18 month conditional sentence followed by 12 months' probation - A conditional sentence with strict terms met the need for denunciation and deterrence - Conditions included house arrest for the full 18 months, 200 hours of community service, counselling and a prohibition against contact with 14-18 year old children - The court ordered registration under the Sex Offender Information Registration Act, as the impact on the accused would not be grossly disproportionate to the public interest - For the same reasons, the accused was to provide a DNA sample for the DNA databank.

Cases Noticed:

R. v. H.G.V. (2001), 277 A.R. 262; 242 W.A.C. 262 (C.A.), refd to. [para. 19].

R. v. Thomson (J.S.) (2002), 315 A.R. 151; 27 M.V.R.(4th) 148 (Prov. Ct.), refd to. [para. 24].

R. v. McCrackin (T.D.) (2004), 351 A.R. 168; 2004 ABPC 2, refd to. [para. 25].

R. v. Edwards (O.E.) (2003), 180 B.C.A.C. 302; 297 W.A.C. 302 (C.A.), refd to. [para. 25].

R. v. C.M., [2000] B.C.J. No. 2230 (Prov. Ct.), refd to. [para. 25].

R. v. Ingram, [2000] B.C.J. No. 1248 (Prov. Ct.), refd to. [para. 25].

R. v. D.F.G., [2003] N.J. No. 340 (Nfld. T.D.), refd to. [para. 25].

R. v. Penner (T.W.) (2001), 318 A.R. 51 (Q.B.), refd to. [para. 25].

Counsel:

D. Elliott, for the Crown;

S. Eichler, for the accused.

This matter was heard at Calgary, Alberta, before Fradsham, P.C.J., of the Alberta Provincial Court, who imposed the following sentence on February 28, 2006.