Sexual interference, Resisting or obstructing a peace officer
R. v. R.C.R.
A publication ban applies. The offender is not named.
- On release at the time
Sentence and the Crown's position
What the law allows
The offender pleaded guilty to sexual interference with a 15-year-old complainant and to resisting or obstructing police in Vancouver. The Crown sought three years for sexual interference and two months consecutive for obstructing police; the defence suggested a sentence in the two-year range. Justice Watchuk imposed 36 months for sexual interference and two months consecutive, a total of 38 months, less 25.5 months of credit for pre-sentence custody, citing the repeated sexual activity over many months, the harm to the complainant and his record, including three probation orders in force at the time.
In the judge's words
1[92] In considering the Crown submissions regarding the length of the sentence, I am satisfied that its fair position and the sentence take into account the able submissions of defence counsel and all of … circumstances.
The record
- Convicted of
- Sexual interference (CC 151)
- Resisting or obstructing a peace officer (CC 129(a))
- Prior convictions
- Not recorded
- At the time of the offence
- On probation1
- Defence asked for
- 2 years in custody1
- Appeal
- Not yet checked
- Counsel
- Crown: F. Nejatali, R. Antonuk
Defence: E. Warren
Sources
- R. v. R.C.R., 2023 BCSC 595 Court decision, CanLII, April 6, 2023
[75] In consideration of sentencing principles and objectives and the Supreme Court of Canada's comprehensive treatise on imposing sentences for sexual offences against children in Friesen, the Crown is seeking three years' jail on count 2, the offence of sexual interference. … [76] With respect to count 8, the Crown is seeking a consecutive sentence of two months' jail.
[81] On behalf of …, it is submitted that a fit sentence would be in the two year range, although the sentence proposed by the Crown is not unreasonable.
[72] … was bound by three probation orders at the time that he committed these offences.
[92] In considering the Crown submissions regarding the length of the sentence, I am satisfied that its fair position and the sentence take into account the able submissions of defence counsel and all of … circumstances.
[95] I therefore sentence you to 36 months jail for sexual interference and two months jail for obstructing police is a fit and appropriate sentence. The sentences will be served consecutively. I conclude that a total sentence of 38 months jail is not unduly long or harsh. … [96] From this 38 months, you will have credit for 17 months time served at a rate of 1.5, or 25.5 months. That leaves 12.5 months jail.
- R. v. R.C.R., 2023 BCSC 595 Court decision, Courts of British Columbia