R. v. Edwards (O.E.), (2003) 180 B.C.A.C. 302 (CA)

• Judge: Southin, Ryan and Hollinrake, JJ.A.
• Court: Court of Appeal (British Columbia)
• Case Date: April 03, 2003
• Jurisdiction: British Columbia
• Citations: (2003), 180 B.C.A.C. 302 (CA);2003 BCCA 214

R. v. Edwards (O.E.) (2003), 180 B.C.A.C. 302 (CA);

    297 W.A.C. 302

MLB headnote and full text

Temp. Cite: [2003] B.C.A.C. TBEd. MY.004

Regina (respondent) v. Obiyomi Edsel Edwards (appellant)

(CA028247; 2003 BCCA 214)

Indexed As: R. v. Edwards (O.E.)

British Columbia Court of Appeal

Southin, Ryan and Hollinrake, JJ.A.

April 3, 2003.

Summary:

An accused convicted of sexual exploita­tion of a young person was sentenced to nine months' imprisonment plus two years' pro­bation. The accused appealed, submitting that the sentencing judge erred in failing to impose a conditional sentence.

The British Columbia Court of Appeal allowed the appeal and substituted a 12 month conditional sentence with strict condi­tions.

Criminal Law - Topic 5720.4

Punishments (sentence) - Conditional sentence - When available or appropriate - The 27 year old accused was employed by the city to teach a dance class at a high school - He befriended a 14-15 year old girl, ultimately leading to a 4-5 month sexual relationship - The accused was convicted of sexually exploiting the girl while being in a position of trust (Criminal Code, s. 153) - The trial judge sentenced the accused to nine months' imprisonment plus two years' probation - The accused appealed, submitting that the trial judge erred in failing to impose a conditional sentence - The British Columbia Court of Appeal allowed the appeal and substituted a 12 month conditional sentence with strict conditions - The trial judge erred in impos­ing a term of imprisonment to facilitate sex offender counselling without determining whether the accused could obtain the same counselling if a conditional sentence were imposed.

Criminal Law - Topic 5949

Sentence - Sexual interference or exploita­tion by person in position of trust or au­thority - [See Criminal Law - Topic 5720.4 ].

Cases Noticed:

R. v. Hetu (V.), [2000] B.C.A.C. Uned. 136 (C.A.), refd to. [para. 5].

R. v. McLaren, [1995] B.C.J. No. 1546, refd to. [para. 5].

R. v. Proulx (J.K.D.) (2000), 249 N.R. 201; 142 Man.R.(2d) 161; 212 W.A.C. 161; 140 C.C.C.(3d) 449 (S.C.C.), refd to. [para. 11].

Counsel:

D. St. Pierre, for the appellant;

W. Rubin, for the respondent.

This appeal was heard on April 3, 2003, at Vancouver, British Columbia, before South­in, Ryan and Hollinrake, JJ.A., of the British Colum­bia Court of Appeal.

On April 3, 2003, the judgment of the Court of Appeal was delivered orally and the following opinions were filed:

Ryan, J.A. (for the court) - see para­graphs 1 to 13;

Southin, J.A. - see paragraphs 14 to 15.