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ONTARIO - Court of Appeal: R. v. CMR [2004] O.J. No. 4490 |
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ONTARIO
Court of Appeal
R. v. CMR [2004] O.J. No. 4490
FACTS: WR and CR entered guilty pleas to two counts each of forcible confinement, assault with a weapon and failing to provide the necessaries of life in respect of the physical, psychological and emotional abuse and confinement of their two adopted sons over a 13-year period. WR and CR each received a global sentence of nine months incarceration with 3 years probation. The Crown appealed on the grounds that the trial judge did not consider WR and CR's breach of a trust relationship.
HELD: Both children were diagnosed with fetal alcohol syndrome (
FAS). The trust relationship between parents and children is one that should not be violated under any circumstance, especially when the children have the increased vulnerability of FAS. The Appeal was granted; the trial judge erred in considering the breach of trust factor. The Criminal Code requires that breach of trust be considered an aggravating factor. The trial judge did not address the trust issue in analysis for the sentencing of the accused. Therefore, the nine-month sentence was replaced with five and four-year imprisonment sentences for WR and CR respectively.
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