Invitation to sexual touching, Forcible confinement
R. v. M.N.
A publication ban applies. The offender is not named.
- Below the Crown's ask
Sentence and the Crown's position
Crown asked8 years in custody1
Judge imposed7 years imprisonment (concurrent 8 months for unlawful confinement), less 179 days credit1
1 year less custody than the Crown asked
What the law allows
Maximum14 years
Crown asked8 years in custody
Judge imposed7 years in custody
Defence asked3 years in custody
Minimum1 year
The offender was convicted after trial of invitation to sexual touching and unlawful confinement for offences against a child between 2011 and 2013. The Crown sought eight years' imprisonment and the defence three years. Justice Forth imposed seven years' imprisonment, with a concurrent eight months for unlawful confinement, less 179 days of credit, finding that denunciation and deterrence were the paramount objectives.
In the judge's words
1The sentencing principles of denunciation and deterrence carry significant weight when sexual offences are committed against vulnerable children.
The record
- Convicted of
- Invitation to sexual touching (CC 152)
- Forcible confinement (CC 279(2))
- 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: T.J. Dotten
Defence: A.C. Nelson
Sources
- R. v. M.N., 2021 BCSC 2425 Court decision, CanLII, December 10, 2021
[76] The Crown submits that the appropriate sentence would be a term of eight years of imprisonment.
[87] The defence argues that the appropriate sentence would be a period of three years' imprisonment, less credit for time served.
[23] … has no criminal record.
[127] The sentencing principles of denunciation and deterrence carry significant weight when sexual offences are committed against vulnerable children.
[132] I sentence … to a period of seven years' imprisonment. I find that count one, the conviction for sexual touching, requires a sentence of seven years and count two, the conviction for unlawful confinement, a sentence of eight months. I conclude that these should be concurrent sentences … Therefore, giving him credit of 1.5 days, I arrive at 178.5 days rounded to 179 days, which equals just under six months.
- R. v. M.N., 2021 BCSC 2425 Court decision, Courts of British Columbia