Sexual interference
R. v. K.M.W.K.
A publication ban applies. The offender is not named.
Sentence and the Crown's position
Crown asked3 years in custody1
Judge imposed3 years in custody, less 275 days credit for 183 days pre-sentence custody1
What the law allows
Maximum14 years
Crown asked3 years in custody
Judge imposed3 years in custody
Defence asked2 years less a day in custody
Minimum1 year
The offender, 22 at the time, was convicted after trial of sexual interference with a 15-year-old girl at his apartment in 2019. The Crown sought three to four years in custody; the defence asked for two years less a day. Justice Lamb imposed three years in custody, less 275 days of pre-sentence credit, finding that the brevity of the single encounter did not lessen the gravity of the offence.
In the judge's words
1I do not accept that the gravity of the offence is lessened in this case simply because the sexual contact occurred during one encounter that was relatively brief.
The record
- Convicted of
- Sexual interference (CC 151)
- Prior convictions
- Not recorded
- At the time of the offence
- Not stated1
- Defence asked for
- 2 years less a day in custody1
- Appeal
- Not yet checked
- Counsel
- Crown: S. Bakken
Defence: S.J. Roy, as agent for R.R. Drury
Sources
- R. v. K.M.W.K., 2023 BCSC 1748 Court decision, CanLII, August 8, 2023
[3] With respect to the conviction for sexual interference, the Crown submits that an in‑custody sentence of three to four years, together with various ancillary orders, is a fit and proper sentence in the circumstances.
[4] … submits that an in‑custody sentence of two years less a day is appropriate.
[51] As in this case, one episode of sexual interference involving a high degree of physical interference, as this one did, may be very harmful, as this one was. I do not accept that the gravity of the offence is lessened in this case simply because the sexual contact occurred during one encounter that was relatively brief.
[73] On the charge of sexual interference of … contrary to s. 151 of the Criminal Code, which is Count 2 of the indictment, I impose a custodial sentence of three years. From this 36 months, you will have credit of 183 days' time served at a rate of one and a half, which is 275 days.
- R. v. K.M.W.K., 2023 BCSC 1748 Court decision, Courts of British Columbia