R v. D.K.M, 2024 BCSC 1126

Sentencing for a case involving historical child abuse that included bestiality, where the 78-year-old accused was convicted of committing sexual offences under Criminal Code sections 151, 152 and 160(3) against his three biological granddaughters, aged four and 11 at the time. The reasons for the decision can be found here.

The consulting psychologist’ assessment of the offender was “the impression is that of an opportunistic, exploitative, and hedonistic pattern of sexual offending, possibly catalyzed by alcohol use, by virtue of which he sought variegated and gratuitous sexual stimulation with girls to whom he had ready access and over whom he could exert coercion and control” (para. 25). He refused to take any responsibility or accountability for the offences, which he dismissed as conspiracy by the victims’ mother.

Aggravating factors include the victims’ age at the time of the offences, the offender’s violation of the position of trust he was in as the victims’ grandfather, the offender’s refusal to take any responsibility for his actions, as well as the ongoing impacts on the lives of the victims as they move into adulthood. Mitigating factors include the absence of a prior criminal record of the offender, his low-risk of reoffending in the future, as well as his history of being a productive member of society on account of his ongoing employment throughout his life.

The Court rejected the defence position that these crimes were not a crime of violence but crimes of communication and agreed with the Crown’s submission that communication and violence are not incompatible concepts. The offender was sentenced to a custodial sentence of 7.5 years with SOIRA and weapons ancillary orders, but did not include any animal prohibition orders.