H. Donkers

Sentencing of a repeat offender who pleaded guilty to five counts including advertising sexual services, receiving a financial benefit from sexual services, and three counts of fraud over $5,000 causing losses exceeding $670,000 to three victims.

The court applied Duncan/Marshall mitigation of 15 months for deplorable presentence custody conditions at Maplehurst Correctional Complex, including extended lockdowns, triple-bunking, unsanitary conditions, inmate assaults, and inadequate medical care for the offender's Crohn's disease.

After a base sentence of 54 months for the frauds and maximum Summers credit of 48 months for 956 days of presentence custody, the net carceral sentence imposed was 6 months, with all sentences running concurrently.

The offenders, a mother and father, were convicted of multiple counts of severe physical and sexual abuse, including incest, sexual assault, and unlawful confinement, committed against four of their children over nearly two decades.

The court applied the principles from Friesen, emphasizing the profound harm caused by sexual violence against children and the egregious breach of trust.

After applying the totality principle to the numerous consecutive sentences, the mother was sentenced to a global term of 17 years and 8 months, and the father to a global term of 21 years.

The offender pled guilty to assault causing bodily harm, sexual assault, unlawful confinement, and attempting to obstruct justice against his former intimate partner.

The court considered the aggravating factors of prolonged domestic violence and the offender's prior record, balanced against his guilty plea and rehabilitation efforts.

The court applied a 1.5 to 1 credit for pre-sentence custody but declined further enhancement for harsh conditions.

The court did, however, reduce the sentence on the sexual assault count to account for the collateral consequences of COVID-19 restrictions in custody.

The offender was sentenced to a total of 47 months, with 11 months remaining to be served after credit for time served, followed by 3 years of probation.