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

Crown asked7 years and 6 months in custody1
Judge imposed7.5 years global (5 years sexual interference, 30 months consecutive making child pornography, 12 months concurrent possession), less 1,196 days credit; DNA, s. 109 order, SOIRA, s. 161 order1

What the law allows

Maximum14 years
Crown asked7 years and 6 months in custody
Judge imposed7 years and 6 months in custody
Defence asked7 years 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 54% of the maximum. Read the section.

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

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.

1

The record

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

  1. 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.
  2. R. v. M.E.T., 2022 BCSC 652 Court decision, Courts of British Columbia

publicly
Sentence Watch is part of Publicly: sites built from government and court records, with every fact linked to its source. Publicly is not affiliated with any government. Visits are counted with Google Analytics, which sets cookies.