|
SASKATCHEWAN - Superior Court: R. v. W.T. [2004] S.J.No.667; 2004 SKQB418; Q.B.N.J.No.14of2002J.C.S |
 |
 |
SASKATCHEWAN
Superior Court
R. v. W.T. [2004] S.J. No. 667; 2004 SKQB 418; Q.B.N.J. No. 14 of 2002 J.C.S.
http://www.canlii.org/sk/cas/skqb/2004/2004skqb418.html
FACTS: WT convicted of sexual assault and causing bodily harm. The accused raped the victim for 5 hours. WT tried to choke and suffocate the victim. WT is Inuit and has recognized symptoms of
FASD, but there was no confirmation of prenatal alcohol exposure. His mother was deceased and only hearsay existed. WT had a prior criminal record including assault, sexual assault, and assault causing bodily harm. Two of the victims in these offences were children. The Crown sought a dangerous offender determination. The Crown and Defence submitted an application for WT to be determined a long-term offender.
HELD: WT was sentenced to 10 years imprisonment. He was given credit for 3.5 year for time spent pre-sentence. He was also to be supervised for 10 years after his release. WT was required to serve half of his sentence prior to full parole. The psychological report stated that public safety would benefit from a mixed custodial and conditional sentence. Aggravating factors included: the offence was violent, the offence was prolonged, WT had been released from prison for 15 months, he had related prior convictions, assessments indicated he had a high risk of re-offending, he required ongoing treatment, and he did not show any remorse. Denunciation and deterrence were paramount; the sentence had to offer protection for the public.
|
