R. v. E.K., (2001) 204 Sask.R. 67 (ProvCt)
Judge | Snell, P.C.J. |
Court | Provincial Court of Saskatchewan (Canada) |
Case Date | February 14, 2001 |
Jurisdiction | Saskatchewan |
Citations | (2001), 204 Sask.R. 67 (ProvCt) |
R. v. E.K. (2001), 204 Sask.R. 67 (ProvCt)
MLB headnote and full text
Temp. Cite: [2001] Sask.R. TBEd. MR.002
Her Majesty The Queen v. E.K.
(Information No. 45800467)
Indexed As: R. v. E.K.
Saskatchewan Provincial Court
Snell, P.C.J.
February 14, 2001.
Summary:
The accused pleaded guilty to sexual interference with a young person under age 14 (sexual touching) and inviting sexual touching by a young person under age 14, contrary to ss. 151 and 152 of the Criminal Code.
The Saskatchewan Provincial Court held that a conditional sentence was not appropriate. The court sentenced the accused to 14 months' imprisonment plus two years' probation.
Criminal Law - Topic 5720.4
Punishments (sentence) - Conditional sentence - When available or appropriate - The accused, while exercising access to his 8-10 year old daughter, sexually abused her over a two year period - The abuse consisted of fondling, simulated sex, forced fellatio and masturbating in front of the daughter - Both the daughter and mother were emotionally harmed - The accused promptly pleaded guilty to sexual interference and inviting sexual touching and obtained treatment - The accused, himself sexually abused as an 11 year old child by an uncle, was genuinely remorseful - The Saskatchewan Provincial Court held that while a conditional sentence was available, it was inappropriate given the serious breach of trust over an extended period - A conditional sentence would not adequately respond to society's revulsion at sexual offences against children - The court sentenced the accused to 14 months' imprisonment plus two years' probation - The court noted that the sentence would have been greater had the accused not promptly pleaded guilty and accepted responsibility.
Criminal Law - Topic 5831.1
Sentencing - Considerations on imposing sentence - Offences involving breach of trust - [See Criminal Law - Topic 5720.4 ].
Criminal Law - Topic 5848.9
Sentencing - Considerations on imposing sentence - Sexual offences against children - [See Criminal Law - Topic 5720.4 ].
Criminal Law - Topic 5950
Sentence - Sexual interference with young person - [See Criminal Law - Topic 5720.4 ].
Criminal Law - Topic 5963
Sentence - Inviting sexual touching - [See Criminal Law - Topic 5720.4 ].
Cases Noticed:
R. v. V.M.W. (1989), 76 Sask.R. 299 (C.A.), refd to. [para. 17].
R. v. D.J.J. (1999), 172 Sask.R. 182; 185 W.A.C. 182 (C.A.), refd to. [para. 18].
R. v. M.S.T. (1995), 131 Sask.R. 311; 95 W.A.C. 311 (C.A.), refd to. [para. 19].
R. v. H.G.H. (1995), 134 Sask.R. 79; 101 W.A.C. 79 (C.A.), refd to. [para. 19].
R. v. G.J.N. (1997), 152 Sask.R. 158; 140 W.A.C. 158 (C.A.), refd to. [para. 20].
R. v. Côté (V.J.) (1997), 158 Sask.R. 241; 153 W.A.C. 241 (C.A.), refd to. [para. 20].
R. v. R.N.S., [2000] 1 S.C.R. 149; 249 N.R. 365; 132 B.C.A.C. 1; 215 W.A.C. 1, refd to. [para. 21].
R. v. L.F.W., [2000] 1 S.C.R. 132; 249 N.R. 345; 185 Nfld. & P.E.I.R. 1; 562 A.P.R. 1, refd to. [para. 23].
R. v. R.A.R., [2000] 1 S.C.R. 163; 249 N.R. 322; 142 Man.R.(2d) 282; 212 W.A.C. 282, refd to. [para. 25].
R. v. Wells (J.W.), [2000] 1 S.C.R. 207; 250 N.R. 364; 250 A.R. 273; 213 W.A.C. 273, refd to. [para. 25].
R. v. Proulx (J.K.D.), [2000] 1 S.C.R. 61; 249 N.R. 201; 142 Man.R.(2d) 161; 212 W.A.C. 161, refd to. [para. 25].
Counsel:
Roger DeCorby, for the Crown;
Keith Prior, for the accused.
This case was heard before Snell, P.C.J., of the Saskatchewan Provincial Court, who delivered the following judgment on February 14, 2001.
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R. v. E.K., (2001) 207 Sask.R. 198 (CA)
...under the age of 14, contrary to ss. 151 and 152 of the Criminal Code. The Saskatchewan Provincial Court, in a decision reported at 204 Sask.R. 67, sentenced the accused to 14 months' imprisonment plus two years' probation. The Crown appealed from the The Saskatchewan Court of Appeal, Jacks......
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R. v. E.K., (2001) 207 Sask.R. 198 (CA)
...under the age of 14, contrary to ss. 151 and 152 of the Criminal Code. The Saskatchewan Provincial Court, in a decision reported at 204 Sask.R. 67, sentenced the accused to 14 months' imprisonment plus two years' probation. The Crown appealed from the The Saskatchewan Court of Appeal, Jacks......