R. v. Caouette (K.E.)(No. 2), (1994) 52 B.C.A.C. 133 (CA)

• Judge: McEachern, C.J.B.C., Prowse and Hutcheon, JJ.A.
• Court: Court of Appeal (British Columbia)
• Case Date: October 28, 1994
• Jurisdiction: British Columbia
• Citations: (1994), 52 B.C.A.C. 133 (CA)

R. v. Caouette (K.E.) (1994), 52 B.C.A.C. 133 (CA);

    86 W.A.C. 133

MLB headnote and full text

Regina (respondent) v. Keith Edward Caouette (appellant)

(V01969)

Indexed As: R. v. Caouette (K.E.)(No. 2)

British Columbia Court of Appeal

McEachern, C.J.B.C., Prowse and Hutcheon, JJ.A.

November 15, 1994.

Summary:

The accused was convicted of sexual assault with a weapon, unlawful confinement and using a firearm while committing an indictable offence. He was sentenced to four years' imprisonment for the sexual assault, two years concurrent for unlawful confine­ment and one year consecutive for using a firearm. The accused appealed against con­viction.

The British Columbia Court of Appeal, in a decision reported in 50 B.C.A.C. 238; 82 W.A.C. 238, dismissed the appeal. The accused appealed against sen­tence.

The British Columbia Court of Appeal dismissed the appeal.

Criminal Law - Topic 5868

Sentence - Forcible confinement - [See Criminal Law - Topic 5933 ].

Criminal Law - Topic 5917

Sentence - Use of firearm while commit­ting an indictable offence - [See Criminal Law - Topic 5933 ].

Criminal Law - Topic 5933

Sentence - Sexual assault with weapon - A 21 year old accused was convicted of a cruel and degrading sexual assault with a rifle of an 18 year old female acquaint­ance, her unlawful confinement and using a weapon while committing the assault - From a dysfunctional family, spent most of childhood and adolescence in foster homes - Serious drug problem, including cocaine and heroin - Significant criminal record, including two prior assaults - On parole and in breach of firearms prohibition order at the time of these offences - While on bail for these offences, committed robbery - In custody for 17 months - Some pros­pects of rehabilitation, but resistant to the most effective treatment program - The British Columbia Court of Appeal affirmed sentences of four years, two years concur­rent and one year consecutive, respective­ly.

Counsel:

A.F. Brooks, for the appellant;

R.A. Mulligan, for the Crown.

This appeal was heard in Victoria, British Columbia, on October 28, 1994, before McEachern, C.J.B.C., Prowse and Hutcheon, JJ.A., of the British Columbia Court of Appeal. The decision of the court was delivered in Vancouver, British Columbia, by Prowse, J.A., on November 15, 1994.