R. v. O.D., (2015) 466 Sask.R. 159 (PC)

• Judge: Wright, P.C.J.
• Court: Provincial Court of Saskatchewan (Canada)
• Case Date: January 22, 2015
• Jurisdiction: Saskatchewan
• Citations: (2015), 466 Sask.R. 159 (PC);2015 SKPC 12

R. v. O.D. (2015), 466 Sask.R. 159 (PC)

MLB headnote and full text

Temp. Cite: [2015] Sask.R. TBEd. JA.049

Her Majesty the Queen v. O.D.

(Information No. 24455943; 2015 SKPC 12)

Indexed As: R. v. O.D.

Saskatchewan Provincial Court

Wright, P.C.J.

January 22, 2015.

Summary:

The accused pleaded guilty to indecent assault. The offence took place in 1978. The accused was a 45 year old Catholic priest. The victim was the 10 year old step-niece.

The Saskatchewan Provincial Court sentenced the accused to six months' imprisonment followed by one year of probation.

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 5720.3

Punishments (sentence) - Conditional sentence - Considerations - [See Criminal Law - Topic 5856 ].

Criminal Law - Topic 5720.4

Punishments (sentence) - Conditional sentence - When available or appropriate - [See Criminal Law - Topic 5856 ].

Criminal Law - Topic 5831.1

Sentencing - Considerations on imposing sentence - Offences involving breach of trust - [See Criminal Law - Topic 5856 ].

Criminal Law - Topic 5833

Sentencing - Considerations on imposing sentence - Deterrence - [See Criminal Law - Topic 5856 ].

Criminal Law - Topic 5834.2

Sentencing - Considerations on imposing sentence - Effect on victim - [See Criminal Law - Topic 5856 ].

Criminal Law - Topic 5846.4

Sentencing - Considerations on imposing sentence - Social consequences to accused (incl. from media coverage, public humiliation, damage to reputation, finances, etc.) - The 82 year old accused was a Catholic priest who pled guilty to one count of indecent assault that took place in 1978 - Defence counsel submitted that mitigating factors included the fact that the accused resigned from his employment as a result of the charge, and was publicly embarrassed as a result of media coverage - The Saskatchewan Provincial Court held that these were not mitigating factors, particularly since general deterrence was a paramount sentencing principle in this case - Publicity was an ordinary incident of the justice system - There was nothing in the media reports that was inflammatory or unduly harsh toward the accused - There was no evidence of any inordinate impact on the accused - See paragraphs 39 to 41.

Criminal Law - Topic 5848.7

Sentencing - Considerations on imposing sentence - Denunciation or repudiation of conduct - [See Criminal Law - Topic 5856 ].

Criminal Law - Topic 5848.9

Sentencing - Considerations - Sexual offences against children - [See Criminal Law - Topic 5856 ].

Criminal Law - Topic 5856

Sentence - Indecent assault - In 1978, the 45 year old accused and his 10 year old step-niece were both staying at the home of a family member - The accused was a Catholic priest and the niece was a practising Catholic - During the night, the accused placed his hand on his niece's leg and moved his hand up until he touched her bare vagina - The touching lasted about 30 seconds - The accused pled guilty to indecent assault in 2014 - He sought a conditional sentence - The Saskatchewan Provincial Court found that a custodial sentence exceeding two years less a day was not required for a single, isolated incident of sexual touching for a brief period of time - As well, allowing the accused to serve his sentence in the community would not endanger the community given that more than 35 years had passed since the offence and the accused had no criminal record - However, a conditional sentence would be inconsistent with the principles and objectives of sentencing, particularly denunciation and general deterrence - It would also not be proportionate to the gravity of the offence and the accused's degree of responsibility considering the victim's age, the abuse of a position of trust, and the long-lasting damage that the victim sustained as a result of the assault - The court sentenced the accused to six months' imprisonment and one year of probation.

Cases Noticed:

R. v. Leroux (P.M.) (2013), 432 Sask.R. 106; 2013 SKQB 438, refd to. [para. 13].

R. v. C.A.M. (1996), 194 N.R. 321; 73 B.C.A.C. 81; 120 W.A.C. 81 (S.C.C.), refd to. [para. 20].

R. v. Boudreau, 2012 ONCJ 322, refd to. [para. 21].

R. v. Van Tighem (F.P.) (1995), 163 A.R. 396; 1995 CarswellAlta (Prov. Ct.), refd to. [para. 21].

R. v. Bird (J.C.) (2008), 310 Sask.R. 222; 423 W.A.C. 222; 2008 SKCA 65, refd to. [para. 21].

R. v. Kelly (L.J.) (1988), 68 Nfld. & P.E.I.R. 236; 209 A.P.R. 236; 1988 CarswellNfld 137 (C.A.), refd to. [para. 22].

R. v. V.M.W. (1989), 76 Sask.R. 299; 1989 CarswellSask 369 (C.A.), refd to. [para. 22].

R. v. M.S. (2003), 232 Sask.R. 28; 294 W.A.C. 28; 2003 SKCA 33, refd to. [para. 22].

R. v. McLachlan (B.) (2013), 424 Sask.R. 48; 2013 SKQB 332, refd to. [para. 22].

R. v. Elder (J.) (2010), 351 Sask.R. 263; 2010 SKQB 120, refd to. [para. 22].

R. v. Richard (C.) (1992), 114 N.S.R.(2d) 428; 313 A.P.R. 428; 1992 CarswellNS 135 (T.D.), refd to. [para. 22].

R. v. Proulx (J.K.D.) (2000), 249 N.R. 201; 142 Man.R.(2d) 161; 212 W.A.C. 161; 2000 SCC 5, refd to. [para. 23].

R. v. Laliberte (M.R.) (2000), 189 Sask.R. 190; 216 W.A.C. 190; 2000 SKCA 27, refd to. [para. 23].

R. v. Clauson (1990), 84 Sask.R. 237; 1990 SKCA 74, refd to. [para. 27].

R. v. H.G. (2003), 238 Sask.R. 147; 305 W.A.C. 147; 2003 SKCA 88, refd to. [para. 27].

R. v. Doll (R.D.G.), [2014] A.R. Uned. 404; 2014 NWTCA 3, refd to. [para. 27].

R. v. R.N.S. (2000), 249 N.R. 365; 132 B.C.A.C. 1; 215 W.A.C. 1; 2000 SCC 7, refd to. [para. 27].

R. v. L.F.W. (2000), 249 N.R. 345; 185 Nfld. & P.E.I.R. 1; 562 A.P.R. 1; 2000 SCC 6, refd to. [para. 27].

R. v. Glasser (J.P.) (2011), 369 Sask.R. 312; 2011 SKPC 50, refd to. [para. 27].

R. v. J.R.E. (2005), 273 Sask.R. 316; 2005 SKPC 114, refd to. [para. 37].

R. v. McLachlan (B.) (2014), 438 Sask.R. 193; 608 W.A.C. 193; 2014 SKCA 68, refd to. [para. 39].

R. v. Deck (B.S.) (2006), 384 A.R. 106; 367 W.A.C. 106 (C.A.), refd to. [para. 39].

R. v. Domke (M.) (2006), 400 A.R. 112; 2006 ABPC 252, refd to. [para. 40].

R. v. Monaghan, 1988 CarswellBC 1125, refd to. [para. 42].

R. v. Ralph (D.M.), [2014] B.C.T.C. Uned. 467; 2014 BCSC 467, refd to. [para. 43].

Counsel:

Matthew Miazga, for the Crown;

George Green, for the accused.

This matter was heard at Blaine Lake, Saskatchewan, before Wright, P.C.J., of the Saskatchewan Provincial Court, who delivered the following judgment on January 22, 2015.