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

Crown asked10 years in custody1
Judge imposedSeven years' imprisonment, concurrent on both counts1
3 years less custody than the Crown asked

What the law allows

Maximum14 years
Crown asked10 years in custody
Judge imposed7 years in custody
Defence asked3 years in custody
Minimum1 year
For sexual interference (CC 151), the Criminal Code currently allows up to 14 years when the Crown proceeds by indictment, with a mandatory minimum of 1 year. The sentence imposed is 50% of the maximum. Read the section.

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

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.

1

The record

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

  1. 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
  2. R. v. Z.K., 2021 BCSC 1926 Court decision, Courts of British Columbia

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