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

Crown asked5 years in custody1
Judge imposed4 years global for the sexual offences plus 1 month consecutive for the driving offences (4 years and 1 month total)1
335 days less custody than the Crown asked

What the law allows

Maximum14 years
Crown asked5 years in custody
Judge imposed4 years and 1 month 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 29% of the maximum. Read the section.

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

[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.

1

The record

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

  1. 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.
  2. R. v. L.J.H., 2023 BCSC 1026 Court decision, Courts of British Columbia

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