Sexual interference
R. v. K.T.S.
A publication ban applies. The offender is not named.
- No jail for a violent offence
Sentence and the Crown's position
A conditional sentence is served in the community, usually under house arrest. It counts as no custody here.
What the law allows
The offender was found guilty by a jury of sexual interference with a complainant under 16 in 2016, when he was 28. The judge found he honestly but mistakenly believed the complainant was 16 but had failed to take reasonable steps to ascertain her age. The Crown sought a penitentiary sentence; Justice Edelmann imposed a conditional sentence of two years less a day, with house arrest, followed by 36 months of probation, finding his moral culpability significantly lower than in the Crown's cases and that Gladue factors applied.
In the judge's words
1In my view, considering the overall circumstances, I find this is a case where the objectives of denunciation and deterrence can be met by the imposition of a lengthy and strict conditional sentence order.
The record
- Convicted of
- Sexual interference (CC 151)
- Prior convictions
- 1 prior conviction1
- At the time of the offence
- Not stated1
- Appeal
- Not yet checked
- Counsel
- Crown: J.C. Young
Defence: D.C. Tarnow
Sources
- R. v. K.T.S., 2024 BCSC 1325 Court decision, CanLII, June 4, 2024
[21] … In addition to the matter before me, … has one past criminal conviction for possession of a controlled substance in 2018.
[43] In my view, considering the overall circumstances, I find this is a case where the objectives of denunciation and deterrence can be met by the imposition of a lengthy and strict conditional sentence order.
[44] … I am therefore going to sentence you to a term of imprisonment of two years less a day to be served in the community. … [56] Following your conditional sentence, you must comply with a probation order for a term of 36 months.
- R. v. K.T.S., 2024 BCSC 1325 Court decision, Courts of British Columbia