Sexual interference, Invitation to sexual touching, Incest, Making child sexual abuse material, Sexual assault of a person under 16

R. v. T.A.P.

A publication ban applies. The offender is not named.

  • Below the Crown's ask

Sentence and the Crown's position

Crown asked20 years in custody1
Judge imposed18 years global (10 + 5 + 3 years consecutive on three counts, others concurrent), less 8 days credit; DNA order, SOIRA 20 years, lifetime s. 109 prohibition1
2 years less custody than the Crown asked

What the law allows

Maximum14 years
Crown asked20 years in custody
Judge imposed18 years in custody
Defence asked12 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 129% of the maximum. Read the section.

T.A.P. was convicted after trial of eight counts, including incest, sexual assault, invitation to sexual touching, sexual interference and making child pornography, involving three young complainants over a period of about seven years. The Crown sought a global sentence of 20 to 25 years after applying the totality principle. Justice Ker imposed a global sentence of 18 years' imprisonment, less 8 days of credit, finding it proportionate and necessary to denounce the conduct and deter the offender and others.

In the judge's words

Balancing all the relevant factors, I am of the view that a global sentence of 18 years' imprisonment is a proportionate, fit and proper sentence. This sentence serves to denounce T.A.P.'s conduct and to deter him and others from engaging in such egregious conduct in the future.

1

The record

Convicted of
Prior convictions
0 prior convictions1
At the time of the offence
Not stated1
Defence asked for
12 years in custody1
Mandatory minimum
Applied1
Appeal
Not yet checked
Counsel
Crown: P.J. Cheeseman
Defence: G.D. Simair

Sources

  1. R. v. T.A.P., 2023 BCSC 316 Court decision, CanLII, January 23, 2023[60] The Crown argues that, after applying the totality principle, an appropriate global sentence in this case is somewhere between 20 and 25 years.[69] Counsel for T.A.P. contends that a total sentence of between 12 and 15 years is the appropriate length of sentence to impose in this case, after adjusting for the totality principle.[52] On Count 1, T.A.P. faces a maximum penalty of 14 years' imprisonment and a mandatory minimum penalty of five years' imprisonment.[149] All of this leads to the conclusion that while T.A.P. has no prior criminal record, the significance of this as a mitigating factor is attenuated.[207] Balancing all the relevant factors, I am of the view that a global sentence of 18 years' imprisonment is a proportionate, fit and proper sentence. This sentence serves to denounce T.A.P.'s conduct and to deter him and others from engaging in such egregious conduct in the future.[217] To be clear, the sentences on Counts 1, 4, and 8 are all to run consecutively to each other. Therefore, your total global sentence is 18 years' imprisonment. … Pursuant to s. 719(3.1) of the Code, you are entitled to a deduction of 7.5 days from your sentence, which I round up to eight days.
  2. R. v. T.A.P., 2023 BCSC 316 Court decision, Courts of British Columbia

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