R. v. A.G.A., (1998) 215 A.R. 20 (QB)

• Judge: Johnstone, J.
• Court: Court of Queen's Bench of Alberta (Canada)
• Case Date: March 17, 1998
• Citations: (1998), 215 A.R. 20 (QB)

R. v. A.G.A. (1998), 215 A.R. 20 (QB)

MLB headnote and full text

Temp. Cite: [1998] A.R. TBEd. JN.004

Her Majesty The Queen v. A.G.A. (accused)

(Action No. 9703 1482C5)

Indexed As: R. v. A.G.A.

Alberta Court of Queen's Bench

Judicial District of Edmonton

Johnstone, J.

March 17, 1998.

Summary:

The accused was convicted of sexual exploitation contrary to s. 153(1)(a) of the Criminal Code. The complainant was the accused's niece.

The Alberta Court of Queen's Bench sen­tenced the accused to 23 months to be served in the community and probation for three years.

Criminal Law - Topic 5720.3

Punishments (sentence) - Conditional sentence - Considerations - The Alberta Court of Queen's Bench stated that if an accused was likely to re-offend while serving the sentence in the community, then a conditional sentence would endan­ger the safety of the community - The court stated that in determining whether the accused was likely to re-offend, the court had to consider any prior criminal record of the accused and determine whether the accused would abide by the terms of any conditional sentence - See paragraphs 26 to 29, 34.

Criminal Law - Topic 5720.4

Punishments (sentence) - Conditional sentence - When available or appropriate - The 33 year old aboriginal accused was convicted of sexual exploitation - The complainant was the accused's niece - The accused had repeated sexual intercourse and oral sex with the complainant while she was under 18 years old and living in the accused's care and custody - The ac­cused was in a position of trust and the complainant was in a relationship of de­pendency - No remorse - No prior crimi­nal record - The accused was a stellar member of his community, worked for the First Nation Band and volunteered in the com­munity - Many in the community sup­ported the accused - The Alberta Court of Queen's Bench sentenced the accused to 23 months to be served in the community and probation for three years - The condi­tions imposed included discussing the offence with elders of the community.

Criminal Law - Topic 5720.4

Punishments (sentence) - Conditional sentence - When available or appropriate - [See Criminal Law - Topic 5720.3 ].

Criminal Law - Topic 5830.6

Sentencing - Considerations on imposing sentence - Relationship of victim to accused - [See first Criminal Law - Topic 5720.4 ].

Criminal Law - Topic 5831.1

Sentencing - Considerations on imposing sentence - Offences involving breach of trust - [See first Criminal Law - Topic 5720.4 ].

Criminal Law - Topic 5846.1

Sentencing - Considerations on imposing sentence - Native people - [See first Criminal Law - Topic 5720.4 ].

Criminal Law - Topic 5848.9

Sentencing - Considerations on imposing sentence - Sexual offences against children - [See first Criminal Law - Topic 5720.4 ].

Criminal Law - Topic 5949

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

Cases Noticed:

R. v. McDonnell (T.E.), [1997] 1 S.C.R. 948; 210 N.R. 241; 196 A.R. 321; 141 W.A.C. 321, refd to. [para. 8].

R. v. Brady (J.R.) (1998), 209 A.R. 321; 160 W.A.C. 321 (C.A.), appld. [para. 11].

R. v. J.W. (1997), 99 O.A.C. 161 (C.A.), refd to. [para. 33].

R. v. H.R. (1997), 205 A.R. 226 (Prov. Ct.), consd. [para. 43].

R. v. Manyfingers (C.J.) (1996), 191 A.R. 342 (Prov. Ct.), refd to. [para. 52].

Statutes Noticed:

Criminal Code, R.S.C. 1985, c. C-46, sect. 153(1)(a) [para. 1]; sect. 718.2(e) [para. 41]; sect. 742.1 [para. 10].

Authors and Works Noticed:

Badgley Report - see Canada, Committee on Sexual Offences Against Children and Youths, Sexual Offences Against Children: Report of the Committee on Sexual Offences Against Children and Youths.

Canada, Committee on Sexual Offences Against Children and Youths, Sexual Offences Against Children: Report of the Committee on Sexual Offences Against Children and Youths (Badgley Report) (1984), p. 58 [para 14].

Counsel:

M.R. Danyluik, for the Crown;

Brian A. Beresh (Beresh Depoe Cunning­ham), for the accused.

This matter was heard by Johnstone, J., of the Alberta Court of Queen's Bench, Judicial District of Edmonton, who delivered the fol­lowing decision on March 17, 1998.