Sexual interference, Invitation to sexual touching
R. v. S.S.M.
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 for repeated offences against a young girl between 2016 and 2018, beginning when he was 18. The Crown sought six to seven years in prison; the defence proposed a conditional sentence of two years less a day or, alternatively, three years in prison. Justice E. McDonald imposed four years and six months, concurrent on both counts, citing frequent offending that escalated in severity over two years, balanced against his youth and lack of a criminal record.
In the judge's words
1Taking all of the factors, statutory objectives, and the evidence and authorities into account, I conclude that an appropriate and fit sentence for each of Count 1 and Count 2 that is ultimately proportional to the seriousness of the offences and S.M.'s degree of responsibility, is four years and six months of imprisonment.
The record
- Convicted of
- Sexual interference (CC 151)
- Invitation to sexual touching (CC 152)
- Prior convictions
- 0 prior convictions1
- At the time of the offence
- Not stated1
- Defence asked for
- 2 years less a day conditional sentence1
- Appeal
- Not yet checked
- Counsel
- Crown: C.-A. Cromlish
Defence: B. Sandhu
Sources
- R. v. S.S.M., 2023 BCSC 1339 Court decision, CanLII, July 19, 2023
[42] The Crown submits that S.M. should receive a penitentiary sentence of six to seven years in relation to Counts 1 (sexual touching) and Count 2 (invitation to sexual touching), to be served concurrently.
[43] The defence submits that a fit sentence is either: (a) a conditional sentence order ("CSO") of two years less a day with a maximum of three years' probation; or, (b) a three‑year penitentiary sentence for Count 1, assuming that Counts 2 and 3 are stayed.
[27] S.M., who is now 25 years old, is a youthful offender with no criminal record.
[72] Taking all of the factors, statutory objectives, and the evidence and authorities into account, I conclude that an appropriate and fit sentence for each of Count 1 and Count 2 that is ultimately proportional to the seriousness of the offences and S.M.'s degree of responsibility, is four years and six months of imprisonment.
[76] I impose on you a sentence of four years and six months for each offence in the indictment, to be served concurrently. … Therefore, I am sentencing you to a term of imprisonment of four years and six months in total.
- R. v. S.S.M., 2023 BCSC 1339 Court decision, Courts of British Columbia