Sexual interference

R. v. G.W.S.

A publication ban applies. The offender is not named.

Sentence and the Crown's position

Crown asked2 years in custody1
Judge imposed2 years imprisonment; DNA, SOIRA 20 years, 10-year firearms prohibition, no-contact order1

What the law allows

Maximum14 years
Crown asked2 years in custody
Judge imposed2 years in custody
Defence asked2 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 14% of the maximum. Read the section.

The offender was convicted after trial of sexual interference with a 15-year-old complainant during a single episode in 2018, abusing a position of trust. The Crown and defence jointly recommended two years' imprisonment. Justice Coval accepted the joint submission and imposed two years' imprisonment, finding that the extent of the interference, the offender's high moral blameworthiness and the impact on the complainant warranted a significant term, while his lack of a record and low risk to reoffend meant specific deterrence was not required.

In the judge's words

Considering the aggravating and mitigating factors as a whole, and the cases described above, I accept the joint submission as a reasonable sentence in the circumstances.

1

The record

Convicted of
Prior convictions
0 prior convictions1
At the time of the offence
Not stated1
Defence asked for
2 years in custody1
Appeal
Not yet checked
Counsel
Crown: C.D. Stanley
Defence: M. Beckett

Sources

  1. R. v. G.W.S., 2022 BCSC 842 Court decision, CanLII, May 5, 2022[2] The Crown and defence have provided a joint submission recommending a sentence of two years.[2] The Crown and defence have provided a joint submission recommending a sentence of two years.[19] Mr. … has no criminal record.[43] Considering the aggravating and mitigating factors as a whole, and the cases described above, I accept the joint submission as a reasonable sentence in the circumstances.[45] Mr. …, I sentence you to a jail term of two years with the following additional conditions:
  2. R. v. G.W.S., 2022 BCSC 842 Court decision, Courts of British Columbia

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