R. v. Lucas (D.C.), (1995) 56 B.C.A.C. 141 (YukCA)

• Judge: Wood, Rowles and Finch, JJ.A.
• Court: Court of Appeal (Yukon Territory)
• Case Date: November 28, 1994
• Jurisdiction: Yukon
• Citations: (1995), 56 B.C.A.C. 141 (YukCA)

R. v. Lucas (D.C.) (1995), 56 B.C.A.C. 141 (YukCA);

    92 W.A.C. 141

MLB headnote and full text

Her Majesty The Queen (appellant) v. Darrell Charles Lucas (respondent)

(CA94-YU290)

Indexed As: R. v. Lucas (D.C.)

Yukon Court of Appeal

Wood, Rowles and Finch, JJ.A.

February 24, 1995.

Summary:

The accused was convicted of sexual assault and sentenced to three months' im­prisonment plus two years' probation on strict conditions including banishment from three centres in the Yukon. The Crown appealed the sentence.

The Yukon Court of Appeal dismissed the appeal.

Criminal Law - Topic 5830.5

Sentencing - Considerations - Traditional or cultural punishments - [See Criminal Law - Topic 5932 ].

Criminal Law - Topic 5846.1

Sentencing - Considerations - Native people - [See Criminal Law - Topic 5932 ].

Criminal Law - Topic 5932

Sentence - Sexual assault - The 20 year old accused had sexual intercourse with a 12 year old girl, who was quite intoxicated - Victim refused to testify - No physical threats or violence involved - Both parties were First Nations members - Accused raised by grandparents, lived in the wil­derness from ages nine to 15 - Finished grade nine-ten equivalency - Now living in city and involved with alcohol abuse and crime - Eight prior youth court and adult convictions - The Yukon Court of Appeal affirmed a sentence of three months' imprisonment plus two years' probation with strict conditions including banishment from three centres in the Yu­kon.

Statutes Noticed:

Criminal Code, R.S.C. 1970, c. C-34, sect. 150.1(4) [para. 6].

Counsel:

J.A. Bowers, Q.C., for the Crown;

M. La Flamme, for the accused.

This appeal was heard on November 28, 1994, at Vancouver, British Columbia, before Wood, Rowles and Finch, JJ.A., of the Yukon Territory Court of Appeal. The deci­sion of the court was delivered by Wood, J.A., on February 24, 1995.