R. v. Cooke (S.P.), (2008) 442 A.R. 190 (PC)

• Judge: Shriar, P.C.J.
• Court: Provincial Court of Alberta (Canada)
• Case Date: March 03, 2008
• Citations: (2008), 442 A.R. 190 (PC);2008 ABPC 85

R. v. Cooke (S.P.) (2008), 442 A.R. 190 (PC)

MLB headnote and full text

Temp. Cite: [2008] A.R. TBEd. AP.057

Her Majesty The Queen v. Sean Philip Cooke (061539524P10101-0103; 2008 ABPC 85)

Indexed As: R. v. Cooke (S.P.)

Alberta Provincial Court

Shriar, P.C.J.

March 3, 2008.

Summary:

The 27 year old accused pleaded guilty to inviting sexual touching and sexual assault. The victim was the seven year old daughter of a woman the accused met on the internet. The accused was discovered lying on the sofa with the girl, who was not wearing pants. The accused had invited her to touch his erect penis and inserted his finger into her vagina. The Crown sought a sentence of 18-24 months' imprisonment. The accused sought a conditional sentence.

The Alberta Provincial Court sentenced the accused to nine months' imprisonment followed by two years' probation for sexual assault, and a concurrent three month sentence for inviting sexual touching. A conditional sentence was inappropriate.

Criminal Law - Topic 5720.4

Punishments (sentence) - Conditional sentence - When available or appropriate - [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 - The 27 year old accused pleaded guilty to inviting sexual touching and sexual assault - The victim was the seven year old daughter of a woman the accused met on the internet - After the mother fell asleep, the accused and daughter were on the sofa together - The girl's pants were removed - The accused invited her to touch his erect penis and the accused inserted his finger into her vagina - The Crown sought a sentence of 18-24 months' imprisonment - The accused sought a conditional sentence - The Alberta Provincial Court sentenced the accused to nine months' imprisonment followed by two years' probation for sexual assault and a concurrent three month sentence for inviting sexual touching - The accused had a history of alcohol abuse and cannabis use - A conditional sentence was available for sexual assault (no mandatory minimum sentence), but was not available for inviting sexual touching - As the Crown proceeded by indictment, there was a mandatory minimum sentence of 45 days' imprisonment - The accused was assessed as a moderate to low risk to re-offend sexually and had a dated, unrelated criminal record - The accused, although at the victim's house for only one night, was in a position of trust, which he abused by this opportunistic offence - A conditional sentence would be inconsistent with the fundamental purposes of sentencing - Particularly, the court stated that "a conditional sentence would disproportionately stress the principles of rehabilitation and reintegration into the community over the principles of denunciation and deterrence, generally viewed as the paramount sentencing principles applicable in a case involving the sexual abuse of children".

Criminal Law - Topic 5963

Sentence - Inviting sexual touching - [See Criminal Law - Topic 5932 ].

Cases Noticed:

R. v. B.W.B. (2007), 412 A.R. 182; 404 W.A.C. 182; 2007 ABCA 199, refd to. [para. 20].

R. v. Sandercock (1985), 62 A.R. 382 (C.A.), refd to. [para. 22].

R. v. W.B.S.; R. v. M.P. (1992), 127 A.R. 65; 20 W.A.C. 65 (C.A.), refd to. [para. 22].

R. v. R.M. (2008), 435 A.R. 388; 2008 ABPC 22, refd to. [para. 23].

R. v. P.S., [1993] O.J. No. 704 (Gen. Div.), refd to. [para. 26].

Counsel:

Jacqueline B. Abbott, for the Crown;

Steve J. Virk, for the accused.

This matter was heard in Calgary, Alberta, before Shriar, P.C.J., of the Alberta Provincial Court, who delivered the following judgment on March 3, 2008.