R. v. Cote (V.J.), (1997) 158 Sask.R. 241 (CA)

• Judge: Gerwing, Sherstobitoff and Lane, JJ.A.
• Court: Court of Appeal (Saskatchewan)
• Case Date: September 12, 1997
• Jurisdiction: Saskatchewan
• Citations: (1997), 158 Sask.R. 241 (CA)

R. v. Cote (V.J.) (1997), 158 Sask.R. 241 (CA);

    153 W.A.C. 241

MLB headnote and full text

Temp. Cite: [1997] Sask.R. TBEd. OC.022

Her Majesty The Queen (appellant) v. Vincent Jeffery Cote (respondent)

(Docket No. 7222)

Indexed As: R. v. Cote (V.J.)

Saskatchewan Court of Appeal

Gerwing, Sherstobitoff and Lane, JJ.A.

September 12, 1997.

Summary:

The accused was convicted of sexual assault. The victim was an 11 year old who lived in the same foster home as the accused.

The Saskatchewan Provincial Court sen­tenced the accused to two years less a day. The Crown appealed the sentence.

The Saskatchewan Court of Appeal allowed the appeal and increased the sen­tence to three years' imprisonment.

Criminal Law - Topic 5831.1

Sentencing - Considerations on imposing sentence - Offences involving breach of trust - The accused was convicted of sex­ually assaulting the 11 year old victim who lived in the same foster home - The accused was 18 when the offence occurred - They had sexual relations for twice a week for about eight to nine months - The accused "groomed the victim to accept his advances" - The assaults occurred when the accused was babysitting - Both the accused and the victim had been sexually abused previously - The victim had a child by the accused - The accused had an unrelated criminal record - He used drugs and alco­hol - The trial judge sentenced the accused to two years less a day - The Crown appealed the sentence - The Saskatchewan Court of Appeal allowed the appeal and increased the sentence to three years' imprisonment - The accused had breached a position of trust.

Criminal Law - Topic 5848.9

Sentencing - Considerations on imposing sentence - Sexual offences against children - [See Criminal Law - Topic 5831.1 ].

Criminal Law - Topic 5932

Sentence - Sexual assault - [See Criminal Law - Topic 5831.1 ].

Cases Noticed:

R. v. Morrissette (C.) (1997), 158 Sask.R. 159; 153 W.A.C. 159 (C.A.), refd to. [para. 5].

R. v. S.W.M. (1997), 158 Sask.R. 205; 153 W.A.C. 205 (C.A.), refd to. [para. 5].

Statutes Noticed:

Criminal Code, R.S.C. 1985, c. C-46, sect. 271 [para. 1].

Counsel:

D. Rayner, for the Crown;

B. Ritter, for the respondent.

This appeal was heard by Gerwing, Sher­stobitoff and Lane, JJ.A., of the Saskatchewan Court of Appeal.

The following oral judgment was delivered by Sherstobitoff, J.A., on September 12, 1997, with written reasons released on Sep­tember 16, 1997.