R. v. Shaw (S.A.), (2013) 564 A.R. 134 (PC)

• Judge: Semenuk, P.C.J.
• Court: Provincial Court of Alberta (Canada)
• Case Date: June 13, 2013
• Citations: (2013), 564 A.R. 134 (PC);2013 ABPC 151

R. v. Shaw (S.A.) (2013), 564 A.R. 134 (PC)

MLB headnote and full text

Temp. Cite: [2013] A.R. TBEd. JN.084

Her Majesty the Queen v. Stefan Andrew Shaw (110597531P1; 2013 ABPC 151)

Indexed As: R. v. Shaw (S.A.)

Alberta Provincial Court

Semenuk, P.C.J.

June 13, 2013.

Summary:

The accused pled guilty to sexual interference. There was a partial joint recommendation for sentence. The accused applied under s. 490.012(4) of the Criminal Code to be exempted from registration under the Sex Offender Information Registration Act (SOIRA).

The Alberta Provincial Court sentenced the accused to 30 days' imprisonment, to be served intermittently, followed by one year's probation. The accused was exempted from registration under SOIRA.

Editor's Note: Certain names in the following case have been initialized or the case otherwise edited to prevent the disclosure of identities where required by law, publication ban, Maritime Law Book's editorial policy or otherwise.

Criminal Law - Topic 3090.5

Special powers - Sex offender registration legislation - Registration - Exceptions or exemptions - [See Criminal Law - Topic 5950 ].

Criminal Law - Topic 5848.9

Sentencing - Considerations on imposing sentence - Sexual offences against children - [See Criminal Law - Topic 5950 ].

Criminal Law - Topic 5950

Sentence - Sexual interference with young person - The accused pled guilty to sexual interference - The 15 year old complainant knew the accused and agreed to go to his apartment to watch movies - The accused was 34 years of age at the time - While alone in the apartment, the accused and the complainant started "flirting" with one another in the accused's bedroom - The accused lifted the complainant's shirt and started rubbing her stomach - They started to caress and kiss one another - The accused asked if he could touch her vagina, and began to "fondle" it over her clothing - He also began to touch her breasts under her bra - As the canoodling progressed, the accused dug his face into the complainant's crotch over her clothing - The complainant did not know what to do, and told the accused "Don't touch me." - The accused stopped touching the complainant - None of her clothing had been removed - There was a partial joint recommendation for sentence - The accused applied under s. 490.012(4) of the Criminal Code to be exempted from registration under the Sex Offender Information Registration Act (SOIRA) - The accused had a serious and lengthy criminal record - There was no suggestion of luring and when the complainant told the accused to stop, he did - The accused had a stable home environment with a new common law partner and her children - He was trying to upgrade his education and obtain a trade - The presentence report was positive - The Alberta Provincial Court sentenced the accused to 30 days' imprisonment, to be served intermittently, followed by one year's probation - The accused was exempted from registration under SOIRA where the impact on the accused, including his privacy and liberty, would be grossly disproportionate to the public interest in protecting society.

Cases Noticed:

R. v. G.C.K. (2004), 357 A.R. 264; 334 W.A.C. 264; 2004 ABCA 348, refd to. [para. 22].

R. v. Pritchard (T.) (2005), 371 A.R. 27; 354 W.A.C. 27; 2005 ABCA 240, refd to. [para. 22].

R. v. G.B. (2005), 288 N.B.R.(2d) 82; 751 A.P.R. 82; 2005 NBCA 72, refd to. [para. 22].

R. v. R.J.B. (2007), 423 A.R. 131; 2007 ABPC 61, refd to. [para. 22].

R. v. C.R.P. (2009), 465 A.R. 194; 2009 ABPC 32, refd to. [para. 22].

R. v. Feng (C.J.) (2011), 505 A.R. 229; 522 W.A.C. 229; 2011 ABCA 172, refd to. [para. 22].

R. v. S.B.G., [2012] A.R. Uned. 311; 2012 ABPC 82, refd to. [para. 22].

R. v. Bjornson (B.J.) (2012), 536 A.R. 1; 559 W.A.C. 1; 2012 ABCA 230, refd to. [para. 22].

R. v. Pudwell (M.J.D.), [2012] A.R. Uned. 751; 2012 ABPC 294, refd to. [para. 22].

R. v. Have, 2005 ONCJ 27, refd to. [para. 27].

R. v. Worm (G.D.), [2005] A.R. Uned. 357; 2005 ABPC 92, refd to. [para. 27].

R. v. Burke, 2005 ONCJ 422, refd to. [para. 27].

R. v. Putrus (A.J.) (2006), 398 A.R. 18; 2006 ABQB 313, refd to. [para. 27].

R. v. Redhead (D.G.) (2006), 384 A.R. 206; 367 W.A.C. 206; 2006 ABCA 84, refd to. [para. 27].

R. v. G.E.W. (2006), 396 A.R. 149; 2006 ABQB 317, refd to. [para. 27].

R. v. T.L.B. (2007), 404 A.R. 283; 394 W.A.C. 283; 2007 ABCA 135, refd to. [para. 27].

R. v. J.L.M.A. (2010), 499 A.R. 1; 514 W.A.C. 1; 2010 ABCA 363, refd to. [para. 42].

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. 42].

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; 140 C.C.C.(3d) 449, refd to. [para. 42].

Counsel:

K. McCaffrey, for the Crown;

J. Taylor, for the accused.

This case was heard by Semenuk, P.C.J., of the Alberta Provincial Court, who delivered the following reasons for sentence on June 13, 2013.