What are the relevant factors in determining the appropriate penalty in a sexual assault case?

British Columbia, Canada


The following excerpt is from Lyons (Re), 2008 LSBC 38 (CanLII):

Law Society of BC v. Ogilvie, 1999 LSBC 17 is the leading authority on the consideration of the type of relevant factors in determining the appropriate penalty in Law Society disciplinary cases in general. The factors to be considered include: (a) the nature and gravity of the conduct proven; (b) the age and experience of the respondent; (c) the previous character of the respondent, including details of prior discipline; (d) the impact upon the victim; (e) the advantage gained, or to be gained, by the respondent; (f) the number of times the offending conduct occurred; (g) whether the respondent has acknowledged the misconduct and taken steps to disclose and redress the wrong and the presence or absence of other mitigating circumstances; (h) the possibility of remediating or rehabilitating the respondent; (i) the impact on the respondent of criminal or other sanctions or penalties; (j) the impact of the proposed penalty on the respondent; (k) the need for specific and general deterrence; (l) the need to ensure the public’s confidence in the integrity of the profession; and (m) the range of penalties imposed in similar cases.

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