Sexual interference

R. v. J.C.L.

A publication ban applies. The offender is not named.

Sentence and the Crown's position

Crown asked3 years in custody1
Judge imposed3 years' imprisonment for sexual interference1

What the law allows

Maximum14 years
Crown asked3 years in custody
Judge imposed3 years in custody
Defence asked15 months 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 21% of the maximum. Read the section.

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

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.

1

The record

Convicted of
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

  1. 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.
  2. R. v. J.C.L., 2024 BCSC 1387 Court decision, Courts of British Columbia

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