Sexual interference
R. v. J.C.L.
A publication ban applies. The offender is not named.
Sentence and the Crown's position
What the law allows
A jury convicted the offender of sexual interference and sexual assault for a 2020 offence against a 14-year-old complainant in Delta; the sexual assault count was conditionally stayed. The Crown sought three years' custody and the defence 15 months with probation; Justice E. McDonald imposed three years' imprisonment. The judge applied Friesen, giving primary weight to denunciation and deterrence for a sexual offence against a child, and found grooming and serious harm to the complainant aggravating.
In the judge's words
1The fact that the offences are sexual offences against a child requires that I impose a sentence that recognizes and reflects the significant harm of the offences and Canadian society's understanding that these offences are inherently wrong and deeply harmful.
The record
- Convicted of
- Sexual interference (CC 151)
- Prior convictions
- 0 prior convictions1
- At the time of the offence
- Not stated1
- Defence asked for
- 15 months in custody1
- Appeal
- Not yet checked
- Counsel
- Crown: A. Lee
Defence: P. Cote
Sources
- R. v. J.C.L., 2024 BCSC 1387 Court decision, CanLII, July 5, 2024
[34] The Crown submits that an appropriate sentence for … is a three‑year custodial sentence.
[35] The defence submits that an appropriate sentence is 15 months with probation for two to three years.
[23] … does not have a criminal record.
[49] … The fact that the offences are sexual offences against a child requires that I impose a sentence that recognizes and reflects the significant harm of the offences and Canadian society's understanding that these offences are inherently wrong and deeply harmful.
[64] The sentence that I impose on you is as follows: On Count 1 of the indictment for sexual interference of … I sentence you to a period of incarceration of three years.
- R. v. J.C.L., 2024 BCSC 1387 Court decision, Courts of British Columbia