Sexual interference, Uttering threats to cause death or bodily harm
R. v. D.J.H.
A publication ban applies. The offender is not named.
- Below the Crown's ask
Sentence and the Crown's position
What the law allows
The offender was found guilty after trial of sexual interference and uttering threats for repeated sexual abuse of a seven-year-old child in 2015, threatening to kill her if she told anyone. The Crown sought seven to eight years; the defence submitted that a sentence as low as four years would be appropriate. Justice Riley imposed six years in custody, with one year concurrent for uttering threats, finding that anything less would not reflect the seriousness of the offences and the offender's moral blameworthiness.
In the judge's words
1Still, I would consider a six-year penitentiary sentence to be a fit and necessary penalty given the seriousness of the conduct, the moral blameworthiness of the offender, and the aggravating circumstances, and even taking into account the mitigating circumstances. In my view, a sentence of any less than six years would not adequately reflect the seriousness and moral blameworthiness of the offender's crimes.
The record
- Convicted of
- Sexual interference (CC 151)
- Uttering threats to cause death or bodily harm (CC 264.1(1)(a))
- Prior convictions
- 0 prior convictions1
- At the time of the offence
- Not stated1
- Defence asked for
- 4 years in custody1
- Appeal
- Not yet checked
- Counsel
- Crown: W. Dawson, K.C.
Defence: B. Coleman, K.C.
Sources
- R. v. D.J.H., 2022 BCSC 1743 Court decision, CanLII, September 27, 2022
[29] The Crown submits that Mr. H should receive a penitentiary sentence of seven to eight years.
[30] For his part, defence counsel submits that on the basis of the legal authorities provided, a sentence as low as four years in jail would be appropriate in the offender's case.
[22] Mr. H has no prior criminal record.
Still, I would consider a six-year penitentiary sentence to be a fit and necessary penalty given the seriousness of the conduct, the moral blameworthiness of the offender, and the aggravating circumstances, and even taking into account the mitigating circumstances. In my view, a sentence of any less than six years would not adequately reflect the seriousness and moral blameworthiness of the offender's crimes.
[56] I sentence you to six years in jail on count 1 (sexual interference), and one year concurrent on count two (uttering threats).
- R. v. D.J.H., 2022 BCSC 1743 Court decision, Courts of British Columbia