Sexual interference
R. v. P.M.A.
A publication ban applies. The offender is not named.
Sentence and the Crown's position
Crown asked10 years in custody1
Judge imposed10 years imprisonment global (9 years on one count, 1 year consecutive on the other after totality)1
What the law allows
Maximum14 years
Crown asked10 years in custody
Judge imposed10 years in custody
Minimum1 year
The offender was found guilty by a jury of sexual offences against a child committed over about ten years, beginning when she was seven or eight. The Crown sought a global sentence of 10 years. Justice Williams imposed 9 years on one count of sexual interference and 5 years consecutive on the other, then reduced the total to a 10-year global sentence for totality, finding that the sentence must emphasize denunciation and deterrence.
In the judge's words
1The essential thrust of the sentence, it seems to me, is that it must be one which will emphasize denunciation and deterrence. It must make explicitly clear that this conduct is profoundly wrong and cannot be condoned or tolerated.
The record
- Convicted of
- Sexual interference (CC 151, 2 counts)
- Prior convictions
- 0 prior convictions1
- At the time of the offence
- Not stated1
- Appeal
- Not yet checked
- Counsel
- Crown: C.D.A. Stanley
Defence: A. Willox
Sources
- R. v. P.M.A., 2022 BCSC 1519 Court decision, CanLII, May 17, 2022
[54] … As for actual sentence, the Crown advocates for a sentence of 10 years on Count 2 and 6 years on Count 3, to be imposed on a consecutive basis, but reduced to a global term of 10 years on an application of the principle of totality.
[78] As regards to mitigating considerations, they are minimal. There is the fact that the offender has no criminal record.
[81] The essential thrust of the sentence, it seems to me, is that it must be one which will emphasize denunciation and deterrence. It must make explicitly clear that this conduct is profoundly wrong and cannot be condoned or tolerated.
[87] The result is that a sentence of 14 years' imprisonment is imposed. To my mind, that is excessive in the circumstances, and I believe this is an appropriate matter in which to invoke the principle of totality. I do so, with the result that there will be a 10‑year global sentence of imprisonment imposed.
- R. v. P.M.A., 2022 BCSC 1519 Court decision, Courts of British Columbia