Sexual interference

R. v. C.G.D.

A publication ban applies. The offender is not named.

  • Below the Crown's ask

Sentence and the Crown's position

Crown asked4 years in custody1
Judge imposed3.5 years imprisonment1
185 days less custody than the Crown asked

What the law allows

Maximum14 years
Crown asked4 years in custody
Judge imposed3 years and 6 months in custody
Defence asked18 months 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 25% of the maximum. Read the section.

The offender was convicted after trial of sexual interference for touching a child on three occasions in 2016 and 2017; a duplicative sexual assault count was conditionally stayed. The Crown sought four years' imprisonment and the defence 18 to 24 months. Justice Milman imposed three and a half years' imprisonment, finding that a lengthy custodial term was needed because a previous sentence for similar offences had not deterred the offender.

In the judge's words

To reduce the risk to other young girls, I find that it is necessary to remove C.G.D. from society for a lengthy period of time. The previous sentence of three years and nine months was evidently insufficient to deter him from re-offending in a similar context.

1

The record

Convicted of
Prior convictions
Not recorded
At the time of the offence
Not stated1
Defence asked for
18 months in custody1
Appeal
Not yet checked
Counsel
Crown: T.A. Livingston
Defence: J. Jensen

Sources

  1. R. v. C.G.D., 2021 BCSC 2400 Court decision, CanLII, December 3, 2021[25] The Crown urges me to impose a custodial sentence of four years.[29] … A more fitting result, it is argued, would see C.G.D. sentenced to a period of 18-24 months, which would be more than double the high end of that range.[41] … To reduce the risk to other young girls, I find that it is necessary to remove C.G.D. from society for a lengthy period of time. The previous sentence of three years and nine months was evidently insufficient to deter him from re-offending in a similar context.[45] I am sentencing C.G.D. to a period of three-and-a-half years' imprisonment.
  2. R. v. C.G.D., 2021 BCSC 2400 Court decision, Courts of British Columbia

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