R. v. S.A.T., (1991) 2 B.C.A.C. 161 (CA)

• Judge: Lambert, Macfarlane and Proudfoot, JJ.A.
• Court: Court of Appeal (British Columbia)
• Case Date: June 05, 1991
• Jurisdiction: British Columbia
• Citations: (1991), 2 B.C.A.C. 161 (CA)

R. v. S.A.T. (1991), 2 B.C.A.C. 161 (CA);

    5 W.A.C. 161

MLB headnote and full text

Regina (respondent) v. S.A.T. (appellant)

(No. V01462)

Indexed As: R. v. S.A.T.

British Columbia Court of Appeal

Lambert, Macfarlane and Proudfoot, JJ.A.

June 5, 1991.

Summary:

A young offender convicted of two sexual assaults was sentenced to one year's imprisonment plus two years' probation. The young offender appealed against sentence.

The British Columbia Court of Appeal allowed the appeal and substituted a sentence of time served plus probation.

Criminal Law - Topic 5932

Sentence - Sexual assault - A young offender was convicted of two counts of sexual assault respecting 20 acts of sexual intercourse, cunnilingus and fellatio over a three year period with his 8-11 year old stepsister - The young offender was 15-17 at the time - The young offender was sentenced to one year's imprisonment plus two years' probation - He was serving his time in an adult facility in protective custody for 21 hours per day - He had no access to counselling or work programmes, so the Young Offender Act goal of rehabilitation was not attainable - The British Columbia Court of Appeal substituted a sentence of time served plus probation - The court found the present facility inappropriate for the young offender.

Criminal Law - Topic 8817

Young offenders - Punishments - Custody - Place of - [See Criminal Law - Topic 5932 ].

Statutes Noticed:

Young Offenders Act, R.S.C. 1985, c. Y-1, sect. 24.5, sect. 28(4).

Counsel:

Robert A. Mulligan, for the respondent;

   Richard D. Law, for the appellant.

This appeal was heard before Lambert, Macfarlane and Proudfoot, JJ.A., of the British Columbia Court of Appeal.

On June 5, 1991, Lambert, J.A., delivered the following judgment orally for the Court of Appeal.