Sexual interference, Invitation to sexual touching, Dangerous operation of a conveyance, Flight from a peace officer
R. v. L.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 convicted after trial of sexual interference and invitation to sexual touching of a 13-year-old complainant, and of dangerous operation of a conveyance and flight from a peace officer, near Powell River in June 2020. The Crown sought five to seven years for the sexual offences plus one month consecutive for the driving offences; the defence sought a conditional sentence. Justice Wilkinson found five years fit for the sexual offences, reduced it to four years under Gladue principles, and added one month consecutive for the driving offences, for a total of four years and one month.
In the judge's words
1[89] Given the gravity of the sexual offences, the age of the victim, and the preponderance of aggravating factors when measured against the mitigating factors, a global sentence of five years for the sexual interference and touching convictions would be an appropriate and fit sentence. … I am prepared to reduce the global sentence to a period of four years in prison to address the reduction in blameworthiness attributable to … status.
The record
- Convicted of
- Sexual interference (CC 151)
- Invitation to sexual touching (CC 152)
- Dangerous operation of a conveyance (CC 320.13(1))
- Flight from a peace officer (CC 320.17)
- Prior convictions
- Not recorded
- At the time of the offence
- Not stated1
- Appeal
- Not yet checked
- Counsel
- Crown: O.S. Kuzma, K.C.
Defence: N. Acker
Sources
- R. v. L.J.H., 2023 BCSC 1026 Court decision, CanLII, May 11, 2023
[6] The Crown submits that … should be sentenced to a total of five to seven years in custody for the offences of sexual interference and sexual touching; an additional one month in custody for the offences of dangerous operation of a conveyance and flight from a peace officer, consecutive to the sentences for the sex offences but concurrent to each other
[89] Given the gravity of the sexual offences, the age of the victim, and the preponderance of aggravating factors when measured against the mitigating factors, a global sentence of five years for the sexual interference and touching convictions would be an appropriate and fit sentence. … I am prepared to reduce the global sentence to a period of four years in prison to address the reduction in blameworthiness attributable to … status.
[94] On the count of sexual interference under s. 151 of the Criminal Code and invitation to sexual touching contrary to s. 152 of the Criminal Code, I sentence you to a global sentence of four years. … [96] The total period of incarceration is, therefore, four years and one month.
- R. v. L.J.H., 2023 BCSC 1026 Court decision, Courts of British Columbia