R. v. W.A.C., (2012) 408 Sask.R. 51 (QB)

• Judge: Scheibel, J.
• Court: Court of Queen's Bench of Saskatchewan (Canada)
• Case Date: October 11, 2012
• Jurisdiction: Saskatchewan
• Citations: (2012), 408 Sask.R. 51 (QB);2012 SKQB 415

R. v. W.A.C. (2012), 408 Sask.R. 51 (QB)

MLB headnote and full text

Temp. Cite: [2012] Sask.R. TBEd. OC.078

Her Majesty the Queen v. W.A.C.

(2012 NJ No. 18; 2012 SKQB 415)

Indexed As: R. v. W.A.C.

Saskatchewan Court of Queen's Bench

Judicial Centre of Regina

Scheibel, J.

October 11, 2012.

Summary:

The accused, a 34 year old aboriginal, had entered a guilty plea to committing a sexual assault contrary to s. 271 of the Criminal Code. The complainant was seven years old at the time and spent the night at her grandmother's house. The accused was her uncle and was residing in the same house. He had touched the complainant's vagina under her clothes. The accused had been in custody since his arrest (391 days). On the basis that the accused be given a one-to-one credit for time served, the Crown requested an additional 12 month sentence, equating to a total sentence of approximately 25 months.

The Saskatchewan Court of Queen's Bench sentenced the accused to a further term of eight months, plus two years' probation. In addition, the court granted an order prohibiting the accused from seeking or obtaining any employment that involved a position of trust toward a person under 16; an order to produce a DNA sample; a weapons and firearms prohibition; and an order compelling the accused to comply with the Sex Offender Information Registration Act for 10 years.

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 5830.6

Sentencing - Considerations on imposing sentence - Relationship of victim to accused - [See Criminal Law - Topic 5932 ].

Criminal Law - Topic 5833

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

Criminal Law - Topic 5846.1

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

Criminal Law - Topic 5848.7

Sentencing - Considerations on imposing sentence - Denunciation or repudiation of conduct - [See Criminal Law - Topic 5932 ].

Criminal Law - Topic 5848.9

Sentencing - Considerations on imposing sentence - Sexual offences against children - [See Criminal Law - Topic 5932 ].

Criminal Law - Topic 5932

Sentence - Sexual assault - The accused, a 34 year old aboriginal, had entered a guilty plea to committing a sexual assault - The complainant was seven years old at the time and spent the night at her grandmother's house - The accused was her uncle and was residing in the same house - He had touched the complainant's vagina under her clothes - He had been in custody since his arrest (391 days) - The Crown requested an additional 12 month sentence on the basis that the accused be given a one to one credit for time served (total sentence of some 25 months) - The Saskatchewan Court of Queen's Bench sentenced the accused to a further term of eight months, plus two years' probation - While on remand, other inmates physically injured the accused for the crime he committed; thus, the accused received credit for an additional three months served for the 391 days on remand - A further reduction granted on the Gladue principles - No evidence that the accused was in a position of control and trust with respect to the child - Forty-six prior convictions: mostly breaching court orders; several for violence (assaults and weapons offences) - Primary consideration given to denunciation and deterrence.

Cases Noticed:

R. v. Lorenz (C.A.M.) (2012), 402 Sask.R. 51; 2012 SKQB 391, refd to. [para. 8].

R. v. Ipeelee (M.), [2012] 1 S.C.R. 433; 428 N.R. 1; 288 O.A.C. 224; 318 B.C.A.C. 1; 541 W.A.C. 1; 2012 SCC 13, refd to. [para. 13].

R. v. Gladue (J.T.), [1999] 1 S.C.R. 688; 238 N.R. 1; 121 B.C.A.C. 161; 198 W.A.C. 161, refd to. [para. 19].

R. v. S.G.T. (2011), 366 Sask.R. 90; 506 W.A.C. 90; 265 C.C.C.(3d) 550; 2011 SKCA 4, refd to. [para. 20].

R. v. S.C. (2009), 335 Sask.R. 311; 2009 SKQB 272, refd to. [para. 21].

R. v. K.S. (2006), 297 N.B.R.(2d) 148; 771 A.P.R. 148; 2006 NBQB 117, refd to. [para. 21].

R. v. F.C., [2011] O.T.C. Uned. 7037; 2011 ONSC 7037, refd to. [para. 21].

R. v. Snider, 2011 ONCJ 306, refd to. [para. 21].

R. v. M.G.F. (2010), 477 A.R. 244; 483 W.A.C. 244; 2010 ABCA 102, refd to. [para. 21].

R. v. Lindsay (R.D.), [2008] Sask.R. Uned. 9; 2008 SKCA 44, refd to. [para. 21].

Counsel:

Kelly L. Kaip, for the Crown;

Murray Pelletier, for the accused.

This sentencing matter was heard before Scheibel, J., of the Saskatchewan Court of Queen's Bench, Judicial Centre of Regina, who delivered the following judgment, dated October 11, 2012.