Invitation to sexual touching, Bestiality in the presence of, or inciting, a person under 16

R. v. D.K.M.

A publication ban applies. The offender is not named.

  • Below the Crown's ask

Sentence and the Crown's position

Crown asked9 years in custody1
Judge imposedSeven and one-half years in custody, less 140 days credit1
550 days less custody than the Crown asked

What the law allows

Maximum14 years
Crown asked9 years in custody
Judge imposed7 years and 6 months in custody
Defence asked5 years in custody
Minimum1 year
For invitation to sexual touching (CC 152), 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 54% of the maximum. Read the section.

The offender was convicted after trial of four counts of invitation to sexual touching and one count of bestiality involving three complainants who were young children at the time of the historical offences. The Crown sought a global sentence of nine years and the defence five to six years. Justice Walker found that three years per count, partly consecutive, totalled nine years, then reduced the total by 18 months for totality and the offender's age and health, imposing seven and one-half years less 140 days of credit.

In the judge's words

Taking all of those facts and factors into account (including the aggravating and mitigating factors, Mr. M.'s circumstances, and the significant harm his granddaughters continue to suffer), a significant custodial sentence is necessary to satisfy the principles of denunciation and deterrence required by the Criminal Code and the leading, instructing case authorities from the Supreme Court of Canada and the Court of Appeal.

1

The record

Prior convictions
0 prior convictions1
At the time of the offence
Not stated1
Defence asked for
5 years in custody1
Appeal
Not yet checked
Counsel
Crown: D.M. Wightman, J.A. Michaels
Defence: M. Beckett

Sources

  1. R. v. D.K.M., 2024 BCSC 1126 Court decision, CanLII, June 19, 2024[33] The Crown's position is that in these circumstances … an appropriate sentence is a total of nine years, comprised as follows: a three-year jail sentence for each of the five counts, with counts 4, 5, and 6 involving K.M. to run concurrently, but consecutive to counts 1 and 3.[34] The defence submits that a global sentence of five to six years, apportioned as follows, is a fit sentence[62] The next mitigating factor is the absence of a criminal record.[88] Taking all of those facts and factors into account (including the aggravating and mitigating factors, Mr. M.'s circumstances, and the significant harm his granddaughters continue to suffer), a significant custodial sentence is necessary to satisfy the principles of denunciation and deterrence required by the Criminal Code and the leading, instructing case authorities from the Supreme Court of Canada and the Court of Appeal.[103] I sentence you to a custodial sentence of seven and one-half years, less credit for time served of 140 days, and to the following ancillary orders.
  2. R. v. D.K.M., 2024 BCSC 1126 Court decision, Courts of British Columbia

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