R. v. C.D.B., (2006) 231 B.C.A.C. 259 (YukCA)

• Judge: Prowse, Mackenzie and Low, JJ.A.
• Court: Court of Appeal (Yukon Territory)
• Case Date: October 23, 2006
• Jurisdiction: Yukon
• Citations: (2006), 231 B.C.A.C. 259 (YukCA);2006 YKCA 15

R. v. C.D.B. (2006), 231 B.C.A.C. 259 (YukCA);

    381 W.A.C. 259

MLB headnote and full text

Temp. Cite: [2006] B.C.A.C. TBEd. NO.015

Regina (respondent) v. C.D.B. (appellant)

(YU0557; 2006 YKCA 15)

Indexed As: R. v. C.D.B.

Yukon Court of Appeal

Prowse, Mackenzie and Low, JJ.A.

October 23, 2006.

Summary:

The accused was convicted of two counts of sexual assault and pleaded guilty to one count of assault. The trial judge sentenced the accused to 21 months' imprisonment on each sexual assault count (concurrent) and one month for assault (consecutive). After eight months' credit for pretrial custody, the accused was sentenced to serve 14 months' imprisonment. The accused appealed the sexual assault sentences.

The Yukon Court of Appeal dismissed the appeal.

Editor's Note: Certain names in the following case have been initialized or the case otherwise edited to prevent the disclosure of identities where required by law, publication ban, Maritime Law Book's editorial policy or otherwise.

Criminal Law - Topic 5848.9

Sentencing - Considerations on imposing sentence - Sexual offences against children - [See Criminal Law - Topic 5932 ].

Criminal Law - Topic 5932

Sentence - Sexual assault - The intoxicated accused sexually assaulted his 14 year old intoxicated niece by pulling down her pants - He was interrupted by his sister's partner, who pulled him off, then berated him - The accused then proceeded to assault his second victim, who was ill, by fondling her breasts as she slept - The accused was an alcoholic, abused as a child and had a lengthy criminal record, including 12 assault convictions - The trial judge, emphasizing denunciation and deterrence, imposed consecutive 21 month sentences, then gave eight months' credit for pretrial custody - The Yukon Court of Appeal dismissed the accused's sentence appeal - The sentences, which fell within the high end of the appropriate range for sexual assault not involving intercourse, were not demonstrably unfit, because there were two sexual assaults involving vulnerable victims incapacitated by alcohol and illness - The sister's partner's reprimand of the accused after the first sexual assault did not deter him from committing the second - Although the accused had remained sober for the four months since sentencing, he remained a high to moderate risk to re-offend.

Cases Noticed:

R. v. Gladue (J.T.), [1999] 1 S.C.R. 688; 238 N.R. 1; 121 B.C.A.C. 161; 198 W.A.C. 161, refd to. [para. 11].

R. v. G.C.S., [1998] Y.J. No. 77 (C.A.), refd to. [para. 11].

R. v. Shropshire (M.T.), [1995] 4 S.C.R. 227; 188 N.R. 284; 65 B.C.A.C. 37; 106 W.A.C. 37, refd to. [para. 16].

R. v. C.A.M., [1996] 1 S.C.R. 500; 194 N.R. 321; 73 B.C.A.C. 81; 120 W.A.C. 81, refd to. [para. 16].

R. v. Bernier (D.C.) (2003), 179 B.C.A.C. 218; 295 W.A.C. 218 (C.A.), refd to. [para. 16].

Counsel:

K.D. Parkkari, for the appellant;

M.W. Cozens, for the respondent.

This appeal was heard on October 23, 2006, at Vancouver, B.C., before Prowse, Mackenzie and Low, JJ.A., of the Yukon Court of Appeal.

The judgment of the Court was delivered orally on October 23, 2006, and the following opinions were filed:

Prowse, J.A. - see paragraphs 1 to 20, 23 to 24;

Mackenzie, J.A. - see paragraph 21;

Low, J.A. - see paragraph 22.