Sexual interference

R. v. T.K.B.

A publication ban applies. The offender is not named.

Sentence and the Crown's position

Crown asked1 year in custody1
Judge imposed12 months imprisonment, then 3 years probation1

What the law allows

Maximum14 years
Crown asked1 year in custody
Judge imposed1 year 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 7% of the maximum. Read the section.

The offender was found guilty after trial of sexual interference with a person under 16, involving four incidents; a related sexual assault charge was stayed. The Crown sought 12 months' imprisonment and 3 years' probation; the defence sought a conditional sentence and challenged the constitutionality of the provision barring one. Justice Norton found a conditional sentence would not be fit in light of R. v. Friesen, declined to decide the moot constitutional question, and imposed 12 months' imprisonment followed by 3 years' probation.

In the judge's words

In my opinion, in the circumstances of this case and in light of the direction by Friesen, a conditional sentence would not respect the purposes of and principles of sentencing.

1

The record

Convicted of
Prior convictions
Not recorded
At the time of the offence
Not stated1
Appeal
Not yet checked
Counsel
Crown: Josie McKinney and Stephanie Morton
Defence: Drew Rogers

Sources

  1. R. v. T.K.B., 2022 NSSC 150 Court decision, CanLII, May 19, 2022[4] With regard to sentence, the Crown seeks a sentence of 12 months imprisonment and 3 years probation.[37] In my opinion, in the circumstances of this case and in light of the direction by Friesen, a conditional sentence would not respect the purposes of and principles of sentencing.I sentence you to 12 months imprisonment to be followed by 3 years probation
  2. R. v. T.K.B., 2022 NSSC 150 Court decision, Courts of Nova Scotia

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