Sexual interference, Luring a child
R. v. D.R.L.A.
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 pleaded guilty to child luring and sexual interference involving a 15-year-old complainant, with whom he had sexual intercourse more than once between July 2018 and March 2019 near Salmon Arm. The Crown sought a three-year global sentence; the defence sought a 90-day intermittent sentence or, failing that, no more than 18 months. Justice Betton imposed a global sentence of 30 months, noting the offender knew the complainant's age from the outset and that the offences were not an opportunistic one-time event.
In the judge's words
1[60] Although Mr. … did not initiate first contact, he knew at that time that the complainant was age 15 and began the conduct that constitutes the offence in Count 1, which led to engaging in sexual intercourse on, as is referenced in the agreed statement of facts, more than one occasion. This was not, as occurs in some circumstances, an opportunistic one‑time offence influenced by substance use on those isolated occasions.
The record
- Convicted of
- Sexual interference (CC 151)
- Luring a child (CC 172.1)
- Prior convictions
- Not recorded
- At the time of the offence
- Not stated1
- Defence asked for
- 90 days in custody1
- Appeal
- Not yet checked
- Counsel
- Crown: M. Cissell
Defence: L. McPheeters
Sources
- R. v. D.R.L.A., 2023 BCSC 253 Court decision, CanLII, January 10, 2023
[2] The Crown seeks a three‑year global sentence.
The position then presented by Mr. … through his counsel was for a 90‑day intermittent sentence or, failing that, a sentence of no more than 18 months.
[60] Although Mr. … did not initiate first contact, he knew at that time that the complainant was age 15 and began the conduct that constitutes the offence in Count 1, which led to engaging in sexual intercourse on, as is referenced in the agreed statement of facts, more than one occasion. This was not, as occurs in some circumstances, an opportunistic one‑time offence influenced by substance use on those isolated occasions.
[63] Having regard to all of the circumstances and the authorities, it is my conclusion that a global sentence of 30 months' incarceration is required, and Madam Clerk, for clarity, I impose a sentence of one year on Count 1 and 30 months on Count 3, concurrent.
- R. v. D.R.L.A., 2023 BCSC 253 Court decision, Courts of British Columbia