R. v. Chamberlin (R.R.), 2015 SKPC 69

• Judge: Bazin, P.C.J.
• Court: Provincial Court of Saskatchewan (Canada)
• Case Date: May 06, 2015
• Jurisdiction: Saskatchewan
• Citations: 2015 SKPC 69;(2015), 474 Sask.R. 231 (PC)

R. v. Chamberlin (R.R.) (2015), 474 Sask.R. 231 (PC)

MLB headnote and full text

Temp. Cite: [2015] Sask.R. TBEd. MY.033

Her Majesty the Queen v. Ryan R. Chamberlin

(Information No. 24521432; 2015 SKPC 69)

Indexed As: R. v. Chamberlin (R.R.)

Saskatchewan Provincial Court

Bazin, P.C.J.

May 6, 2015.

Summary:

The accused pleaded guilty to three counts of sexual assault (Criminal Code, s. 271), and one count of endangering the morals of a child (s. 172(1)). The offences occurred separately over a 22 year period (between 1994 and 2015), and involved four children, three of whom were now adults.

The Saskatchewan Provincial Court accepted a joint submission and sentenced the accused to five years' imprisonment.

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 5813

Sentencing - Sentencing procedure and rights of the accused - Plea bargain or joint submission - Effect of - [See Criminal Law - Topic 5932 ].

Criminal Law - Topic 5831.1

Sentencing - Considerations on imposing sentence - Offences involving breach of trust - [See Criminal Law - Topic 5932 ].

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 - In 1994 and 1995, when Chamberlin was 18 years old, he used the hand of a 14 year old boy (victim 1) that he had befriended and masturbated himself to ejaculation - In 2000, Chamberlin befriended his girlfriend's 14 year old brother (victim 2) - He tried to have the child play a game of pool while their penises remained erect - Chamberlin fondled himself during the game, then masturbated and invited the child to masturbate with him - On repeated occasions in 2009 and 2010, Chamberlin masturbated a 14 year old boy (victim 3), masturbated himself in front of the child, invited the child to masturbate with him, performed oral sex on the child, and had the child perform oral sex on him - Chamberlin was the child's paid personal hockey coach - On repeated occasions in 2014 and 2015, while acting as the paid personal hockey coach of a 13 year old boy (victim 4), Chamberlin touched the child's genitals, masturbated in front of the child, and forced the child to touch his penis - Chamberlin pled guilty to sexual assault respecting victims 1, 3 and 4, and endangering the morals of a child respecting victim 2 - The Saskatchewan Provincial Court noted the existence of a trust relationship between Chamberlin and victims 3 and 4 - The court accepted a joint submission and sentenced Chamberlin to a total of five years' imprisonment (six months consecutive respecting each of victims 1 and 2, and two years consecutive respecting each of victims 3 and 4).

Criminal Law - Topic 5981

Sentence - Corrupting children - [See Criminal Law - Topic 5932 ].

Cases Noticed:

R. v. Omoth (B.L.) (2011), 371 Sask.R. 110; 518 W.A.C. 110; 2011 SKCA 42, refd to. [para. 25].

R. v. Webster (D.) (2001), 207 Sask.R. 257; 247 W.A.C. 257; 2001 SKCA 72, refd to. [para. 25].

R. v. James (G.M.) (2013), 288 Man.R.(2d) 269; 564 W.A.C. 269; 2013 MBCA 14, consd. [para. 29].

R. v. Leroux (P.M.) (2013), 432 Sask.R. 106; 2013 SKQB 438, varied (2015), 460 Sask.R. 1; 639 W.A.C. 1; 2015 SKCA 48, consd. [paras. 29, 30].

Counsel:

Steve Kritzer, for the Crown;

Merv Shaw, Q.C., for the accused.

This matter was heard at Swift Current, Saskatchewan, before Bazin, P.C.J., of the Saskatchewan Provincial Court, who delivered the following sentencing decision on May 6, 2015.