Sexual interference, Making child sexual abuse material, Possessing child sexual abuse material
R. v. M.E.T.
A publication ban applies. The offender is not named.
Sentence and the Crown's position
What the law allows
The offender was convicted after trial of sexual interference, making child pornography and possessing child pornography involving a young child; a sexual assault count was conditionally stayed. The Crown sought a global sentence of seven and one-half to eight years and the defence seven years. Justice Matthews imposed seven and one-half years, less 1,196 days of credit for pre-sentence custody, finding that the global sentence would not crush his prospects of rehabilitation.
In the judge's words
1Based on the case law, it is my view that the range for multiple occasions of sexual interference that, while inherently violent, do not involve frank violence such as striking or restraint, and which take place over months or a year, is three to seven years.
The record
- Convicted of
- Sexual interference (CC 151)
- Making child sexual abuse material (CC 163.1(2))
- Possessing child sexual abuse material (CC 163.1(4))
- Prior convictions
- 0 prior convictions1
- At the time of the offence
- Not stated1
- Defence asked for
- 7 years in custody1
- Appeal
- Not yet checked
- Counsel
- Crown: M. Klein
Defence: D.J. White
Sources
- R. v. M.E.T., 2022 BCSC 652 Court decision, CanLII, March 25, 2022
[2] The Crown seeks a global custodial sentence of seven and one‑half to eight years, before credit for time served
[3] … He submits the appropriate global sentence, applying Friesen, is seven years before credit for time served.
[112] Mr. … did not have a criminal record at the time the offences occurred. That is a mitigating factor.
[134] Based on the case law, it is my view that the range for multiple occasions of sexual interference that, while inherently violent, do not involve frank violence such as striking or restraint, and which take place over months or a year, is three to seven years.
[150] I sentence you to five years on Count 1, sexual interference; 12 months on Count 3, possession of child pornography consecutive to Count 1 but concurrent to Count 4; and 30 months on Count 4, making child pornography, consecutive to Count 1. … [151] The global sentence before credit for time served is seven and one‑half years. … The total credit I am granting you is 1,196 days.
- R. v. M.E.T., 2022 BCSC 652 Court decision, Courts of British Columbia