Sexual interference

R. v. P.W.R.

A publication ban applies. The offender is not named.

Sentence and the Crown's position

Crown asked18 months in custody1
Judge imposedTwo years less a day imprisonment, then 3 years probation1

What the law allows

Maximum14 years
Crown asked18 months in custody
Judge imposed2 years less a day in custody
Defence asked2 years less a day conditional sentence
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 14% of the maximum. Read the section.

The offender was convicted after trial of sexual interference with a child under 16 over about two years between 2011 and 2013; a sexual assault conviction was conditionally stayed. The Crown suggested a range of 18 months to five years; the defence sought a two-year-less-a-day conditional sentence. Justice Kirchner rejected a conditional sentence, finding denunciation and deterrence required incarceration, and imposed two years less a day in custody followed by three years of probation, citing Gladue factors, eight years of sobriety and no criminal record.

In the judge's words

[148] For the reasons I have given, I sentence you to a term of incarceration of two years less one day, plus three years of probation. It is my view that, in light of the authorities that I have reviewed in some detail here, and particularly the L.S.N. case, that it would not be appropriate, even with your extraordinary circumstances, to order a shorter period of incarceration.

1

The record

Convicted of
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: T.A. Livingston
Defence: C. McLaughlin

Sources

  1. R. v. P.W.R., 2023 BCSC 2474 Court decision, CanLII, October 4, 2023[97] The Crown has not asked for a specific sentence, citing the relatively exceptional nature of this case, but suggests it should be within a range from 18 months at the low end to five years at the high end.[98] … She argues that an appropriate sentence is two years less a day to be served in community under the strict terms, followed by three years of probation.[18] … He also has no criminal record and has been assessed as a low risk to reoffend.[148] For the reasons I have given, I sentence you to a term of incarceration of two years less one day, plus three years of probation. It is my view that, in light of the authorities that I have reviewed in some detail here, and particularly the L.S.N. case, that it would not be appropriate, even with your extraordinary circumstances, to order a shorter period of incarceration.[148] For the reasons I have given, I sentence you to a term of incarceration of two years less one day, plus three years of probation.
  2. R. v. P.W.R., 2023 BCSC 2474 Court decision, Courts of British Columbia

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