Sexual interference, Invitation to sexual touching, Incest
R. v. B.D.M.
A publication ban applies. The offender is not named.
- Below the Crown's ask
Sentence and the Crown's position
What the law allows
The offender was found guilty after trial of sexual interference, invitation to sexual touching and incest involving one child, and pleaded guilty to sexual interference and invitation to sexual touching involving a second child, offences committed over at least nine years while the children were in his care. The Crown sought a global sentence of nine years; the defence sought six to seven years. Justice Jenkins imposed a global sentence of eight years in prison, reducing it from nine years to account for the offender's Aboriginal heritage and his upbringing.
In the judge's words
1Taking into account your Aboriginal heritage and the painful upbringing you experienced, I am prepared to reduce the global sentence period to a period of eight years in prison, which commences immediately.
The record
- Convicted of
- Sexual interference (CC 151, 2 counts)
- Invitation to sexual touching (CC 152, 2 counts)
- Incest (CC 155)
- Prior convictions
- 0 prior convictions1
- At the time of the offence
- Not stated1
- Defence asked for
- 6 years in custody1
- Appeal
- Not yet checked
- Counsel
- Crown: H.N. Purewal, Q.C.
Defence: M.G. Murphey
Sources
- https://www.canlii.org/en/bc/bcsc/doc/2021/2021bcsc1738/2021bcsc1738.html Court decision
[23] Considering all offences involving both … and considering the totality principle, the Crown submits a sentence of nine years' incarceration is appropriate.
[33] B.D.M. submits a sentence in the range of five to nine years would have been appropriate considering all factors, but that, considering the principle of proportionality, a sentence of six to seven years would be a fit sentence.
[9] The offender, B.D.M. is 65 years old. He has no previous criminal record.
[50] Considering the totality principle, it has been submitted that a nine‑year global sentence is appropriate. Taking into account your Aboriginal heritage and the painful upbringing you experienced, I am prepared to reduce the global sentence period to a period of eight years in prison, which commences immediately.
[50] Considering the totality principle, it has been submitted that a nine‑year global sentence is appropriate. Taking into account your Aboriginal heritage and the painful upbringing you experienced, I am prepared to reduce the global sentence period to a period of eight years in prison, which commences immediately.
- R. v. B.D.M., 2021 BCSC 1738 Court decision, Courts of British Columbia