Sexual interference
R. v. C.R.J.
A publication ban applies. The offender is not named.
- Below the Crown's ask
Sentence and the Crown's position
What the law allows
A jury convicted the offender of sexual interference with a six- to seven-year-old child in 2012 and 2013, while he was in a position of trust. The Crown sought five years in jail; the defence sought two and a half to three years. Justice Marzari imposed four and a half years in prison, citing the abuse of trust, the child's age, the offences happening in her home and bedroom, and their repetition. The judge also refused the offender's Charter application for exemption from sex offender registration.
In the judge's words
1[63] In my view, the facts of this case do not support a sentence that would also allow for probation, though I have considered that possibility at the urging of defence. … I do not think that is possible, considering the abuse of trust, … age, the fact that the offence took place in her home and bedroom, and that the offence occurred over multiple occasions. These features of the case in combination warrant a longer penitentiary term.
The record
- Convicted of
- Sexual interference (CC 151)
- Prior convictions
- 0 prior convictions1
- At the time of the offence
- Not stated1
- Defence asked for
- 2 years and 6 months in custody1
- Appeal
- Not yet checked
- Counsel
- Crown: C. Risley
Defence: A.J. Robinson, G. Prat
Sources
- R. v. C.R.J., 2023 BCSC 1151 Court decision, CanLII, June 23, 2023
[59] The Crown seeks a sentence of five years in jail, based on comparator cases with sentences ranging from two to seven years.
[59] … The defence seeks a sentence of between two-and-a-half to three years' imprisonment, but invites me to consider a sentence of two years less a day together with a lengthy probation order.
[13] Mr. J. is now 46 years old. He has no criminal record or prior criminal history.
[63] In my view, the facts of this case do not support a sentence that would also allow for probation, though I have considered that possibility at the urging of defence. … I do not think that is possible, considering the abuse of trust, … age, the fact that the offence took place in her home and bedroom, and that the offence occurred over multiple occasions. These features of the case in combination warrant a longer penitentiary term.
[86] I sentence you to four-and-a-half years in prison.
- R. v. C.R.J., 2023 BCSC 1151 Court decision, Courts of British Columbia