Sexual interference, Invitation to sexual touching
R. v. Z.K.
A publication ban applies. The offender is not named.
- Below the Crown's ask
Sentence and the Crown's position
What the law allows
Z.K. was convicted after trial of sexual interference and sexual touching for repeatedly sexually abusing a child between 2011 and 2013, when the child was between 9 and 11 years old. The Crown sought 10 years, the maximum at the time of the offences, and the defence three to four years. Justice Duncan imposed seven years' imprisonment concurrent on both counts, applying R. v. Friesen and finding a breach of trust, frequent abuse, a young victim and severe emotional harm to be highly aggravating.
In the judge's words
1Notwithstanding some positive factors, however, I cannot find that a sentence of three to four years plus a s. 161 order is a fit sentence in the circumstances of this case.
The record
- Convicted of
- Sexual interference (CC 151)
- Invitation to sexual touching (CC 152)
- Prior convictions
- 0 prior convictions1
- At the time of the offence
- Not stated1
- Defence asked for
- 3 years in custody1
- Appeal
- Not yet checked
- Counsel
- Crown: M.J.H. Stacey
Defence: C. Paquette
Sources
- R. v. Z.K., 2021 BCSC 1926 Court decision, CanLII, September 7, 2021
[21] Mr. Stacey, Crown counsel, seeks a sentence of 10 years, concurrent on the two counts before the Court.
[27] Ms. Paquette submits that an appropriate sentence of incarceration is in the range of three to four years
[9] Z.K. is 46 years old. He has no criminal record.
[64] Notwithstanding some positive factors, however, I cannot find that a sentence of three to four years plus a s. 161 order is a fit sentence in the circumstances of this case.
[75] … In all the circumstances, I find that a sentence of seven years' imprisonment concurrent on both counts is required to satisfy the purpose and principles of sentencing
- R. v. Z.K., 2021 BCSC 1926 Court decision, Courts of British Columbia