Sexual interference, Incest

R. v. Khan

  • Below the Crown's ask

Sentence and the Crown's position

Crown asked9 years in custody1
Judge imposed6 years imprisonment for incest, 4.5 years concurrent for sexual interference1
3 years less custody than the Crown asked

What the law allows

Maximum14 years
Crown asked9 years in custody
Judge imposed6 years in custody
Defence asked5 years 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 43% of the maximum. Read the section.

After a trial, Mohammed Iqbal Khan was convicted of incest and sexual interference for a single incident of sexual abuse of a child relative who was about 11 years old; a sexual assault conviction was conditionally stayed. The Crown sought nine years in prison and the defence sought the five-year mandatory minimum for incest. Justice Fleming imposed six years for incest and 4.5 years concurrent for sexual interference, finding that the mandatory minimum would not be proportionate.

In the judge's words

[89] … Appreciating the mandatory minimum is not necessarily reserved for the least‑serious cases, which could involve sexual intercourse between consenting blood relatives, in my view imposing the mandatory minimum would not be proportionate.

1

The record

Convicted of
Prior convictions
0 prior convictions1
At the time of the offence
Not stated1
Defence asked for
5 years in custody1
Mandatory minimum
Applied1
Appeal
Not yet checked
Counsel
Crown: P. Miller
Defence: M.R. Shapray, M. Shamess

Sources

  1. R. v. Khan, 2023 BCSC 2414 Court decision, CanLII, November 20, 2023[10] The parties agree that concurrent jail sentences should be imposed for Counts 3 and 4. The Crown seeks a sentence of nine years' imprisonment for the offence of incest and three years for the offence of sexual interference against …The defence argues the minimum sentence for incest, five years' imprisonment is appropriate for Count 3, as well as Count 4.[5] In contrast, incest carries a mandatory minimum of five years imprisonment along with the same maximum sentence of 14 years. … in my view imposing the mandatory minimum would not be proportionate.[2] THE COURT: Following a trial on May 1, 2023 I convicted Mr. Mohammed Iqbal Khan of three sexual offences in a five‑count indictment[22] Mr. Khan does not have a criminal record.[89] … Appreciating the mandatory minimum is not necessarily reserved for the least‑serious cases, which could involve sexual intercourse between consenting blood relatives, in my view imposing the mandatory minimum would not be proportionate.[90] Giving primacy as I must to the objective of denunciation and deterrence, and giving weight to the principle of restraint, and taking account of the mitigating and aggravating circumstances, I am satisfied that a sentence of six years' imprisonment for the offence of incest under Count 3, and a sentence of 4.5 years' imprisonment for the offence of sexual interference under Count 4 are proportionate. … [92] Those sentences will be served concurrently.
  2. R. v. Khan, 2023 BCSC 2414 Court decision, Courts of British Columbia

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