Sexual interference

R. v. R.A.J.

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 imposedTwo years less a day in jail1
731 days less custody than the Crown asked

What the law allows

Maximum14 years
Crown asked4 years in custody
Judge imposed2 years less a day in custody
Defence asked12 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 14% of the maximum. Read the section.

The offender, who had prior convictions from 2003 for sexual offences against young persons, was convicted after trial of sexual interference with a 15-year-old in his care in November 2018; a sexual assault count on the same facts was conditionally stayed. The Crown sought four to five years in jail and the defence 12 to 18 months. Justice Jenkins imposed two years less a day, finding the offender's grooming of the complainant most aggravating but placing the sentence at the low end of the range because it was a single incident.

In the judge's words

After consideration of all the evidence, the sentencing provisions of the Criminal Code, and the decision in Friesen and those that have followed it, I conclude that a fit sentence of incarceration in this case is for two years less one day, that sentence being at the low end of the appropriate range reflecting a single incident, and that the sexual touching was not of as serious a nature as in the other authorities.

1

The record

Convicted of
Prior convictions
2 prior convictions, 2 violent1
At the time of the offence
Not stated1
Defence asked for
12 months in custody1
Appeal
Not yet checked
Counsel
Crown: S.H. Quendack
Defence: P.W. Janzen

Sources

  1. R. v. R.A.J., 2021 BCSC 2422 Court decision, CanLII, October 1, 2021[24] The Crown submits that a range of jail sentence of three to six years is appropriate, considering the findings in the Friesen decision and that a fit sentence in this case would be between four to five years.[28] … submits an appropriate sentence should include a term of incarceration of between 12 to 18 months.[14] Regarding aggravating factors, Mr. … was convicted in 2003 of inviting a young person to sexual touching under s. 152 and sexual assault under s. 271 of the Criminal Code, which resulted in an 18‑month conditional sentence order and probation of three years on each charge.[43] After consideration of all the evidence, the sentencing provisions of the Criminal Code, and the decision in Friesen and those that have followed it, I conclude that a fit sentence of incarceration in this case is for two years less one day, that sentence being at the low end of the appropriate range reflecting a single incident, and that the sexual touching was not of as serious a nature as in the other authorities.[43] After consideration of all the evidence, the sentencing provisions of the Criminal Code, and the decision in Friesen and those that have followed it, I conclude that a fit sentence of incarceration in this case is for two years less one day, that sentence being at the low end of the appropriate range reflecting a single incident, and that the sexual touching was not of as serious a nature as in the other authorities.
  2. R. v. R.A.J., 2021 BCSC 2422 Court decision, Courts of British Columbia

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