R. v. Skerratt (S.L.), (1994) 40 B.C.A.C. 156 (CA)

• Judge: Legg, Rowles and Prowse, JJ.A.
• Court: Court of Appeal (British Columbia)
• Case Date: January 28, 1994
• Jurisdiction: British Columbia
• Citations: (1994), 40 B.C.A.C. 156 (CA)

R. v. Skerratt (S.L.) (1994), 40 B.C.A.C. 156 (CA);

    65 W.A.C. 156

MLB headnote and full text

Regina (appellant) v. Sloan Lamont Skerratt (respondent)

(CA017963)

Indexed As: R. v. Skerratt (S.L.)

British Columbia Court of Appeal

Legg, Rowles and Prowse, JJ.A.

January 28, 1994.

Summary:

The accused was convicted of sexual assault, unlawful confinement and aiding, abetting or compelling a 16 year old girl to engage in prostitution. The trial judge sentenced the accused to imprisonment for two years less a day on each count (concurrent) plus three years' probation. The Crown appealed the sentence.

The British Columbia Court of Appeal allowed the appeal and increased the sentence to five years' imprisonment.

Criminal Law - Topic 5832

Sentencing - Considerations on imposing sentence - Rehabilitation - [See Criminal Law - Topic 5932 ].

Criminal Law - Topic 5868

Sentence - Forcible confinement - [See Criminal Law - Topic 5932 ].

Criminal Law - Topic 5919

Sentence - Procuring prostitution - [See Criminal Law - Topic 5932 ].

Criminal Law - Topic 5932

Sentence - Sexual assault - The 19 year old accused was convicted of sexual assault, unlawful confinement and forcing a 16 year old girl to engage in prostitution - The trial judge sentenced the accused to imprisonment for two years less a day on each count (concurrent) plus three years' probation - The accused had forced anal and vaginal intercourse with the girl on five occasions - Forced by accused and two others to prostitute herself - The trial judge chose a lenient sentence given the accused's age and prospects for rehabilitation - Accused spent seven months in pretrial custody - The British Columbia Court of Appeal allowed the Crown's sentence appeal and increased the sentence to five years' imprisonment - The trial judge unduly emphasized rehabilitation absent evidence that he was a good candidate for rehabilitation - A post-sentence report raised doubts as to successful rehabilitation - The accused had a lengthy criminal record - Previous lenient sentences were met with contempt and more offences - Accused on probation at time of offences - Accused hostile, uncooperative and displayed abusive hatred of women - No remorse or acceptance of responsibility - The court stated that a lenient sentence was not justified.

Counsel:

E. Bennett, for the appellant;

H. Rankin, Q.C., for the respondent.

This appeal was heard at Vancouver, B.C., before Legg, Rowles and Prowse, JJ.A., of the British Columbia Court of Appeal.

On January 28, 1994, Prowse, J.A., delivered the following judgment orally for the Court of Appeal.