Sexual interference
R. v. D.W.C.
A publication ban applies. The offender is not named.
Sentence and the Crown's position
What the law allows
The offender was convicted after trial of two counts of sexual interference involving two girls aged 12 and 14. The Crown sought three years on each count, consecutive, reduced to five years for totality; the defence sought two years in custody followed by two years of probation. Justice Baker imposed three years on each count consecutively, reduced to a total of five years, citing the harm to the victims, their vulnerability, and the offender's supply of drugs and alcohol to them.
In the judge's words
1I find that a sentence which is proportionate to the gravity of the offences and which takes into account the aggravating and mitigating factors is three years for each count to be served consecutively.
The record
- Convicted of
- Sexual interference (CC 151, 2 counts)
- 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: D.J. Pruim
Defence: D.L. Karp
Sources
- R. v. D.W.C., 2023 BCSC 1299 Court decision, CanLII, June 29, 2023
[28] The Crown seeks a sentence of incarceration of three years on each count of sexual interference to be served consecutively. The Crown also submits that, in applying the totality principle, the total six‑year sentence ought to be reduced to five years.
[28] … seeks a sentence of incarceration for a period of two years, followed by a two‑year period of probation, and that would be in total for both counts.
[26] Although Mr. … has pled guilty to five drug trafficking charges, he has not been sentenced for these offences. Therefore, Mr. … is before the Court today with no prior criminal convictions.
[75] I find that a sentence which is proportionate to the gravity of the offences and which takes into account the aggravating and mitigating factors is three years for each count to be served consecutively.
[77] In consideration of the aggregate sentence of six years and the principle of totality, I reduce the aggregate sentence to five years, to establish a total sentence that is just and appropriate in the circumstances of this case. … [79] For the reasons that I have just expressed, I sentence you to five years of incarceration from today's date.
- R. v. D.W.C., 2023 BCSC 1299 Court decision, Courts of British Columbia