Sexual interference
R. v. L.S.B.
A publication ban applies. The offender is not named.
Sentence and the Crown's position
What the law allows
The offender was convicted after trial of sexual interference with a child between five and eight years of age over about three years, while in a position of trust. The Crown sought six to seven years and the defence three years. Justice Lyster imposed six years, citing the child's young age, the repeated abuse, the breach of trust and the harm caused, balanced against a low risk to reoffend and no prior record.
In the judge's words
1I pay particular heed to what the court said in Friesen about the harmfulness of sexual offences against children. … The most relevant authorities presented to this court suggest that a sentence range for an offender who committed the offences which … has been found to commit and in … circumstances would be five to seven years.
The record
- Convicted of
- Sexual interference (CC 151)
- Prior convictions
- 0 prior convictions1
- At the time of the offence
- Not stated1
- Defence asked for
- 3 years in custody1
- Appeal
- Not yet checked
- Counsel
- Crown: C. Pine
Defence: M. Goulden
Sources
- R. v. L.S.B., 2024 BCSC 1455 Court decision, CanLII, July 22, 2024
[7] I must determine a fit and appropriate sentence for … offences. In brief, the Crown submits that a sentence of six to seven years is appropriate, while the defence submits that the appropriate range is three to five years, and that a sentence of three years should be imposed.
[7] I must determine a fit and appropriate sentence for … offences. In brief, the Crown submits that a sentence of six to seven years is appropriate, while the defence submits that the appropriate range is three to five years, and that a sentence of three years should be imposed.
[48] In her submissions, Crown counsel identified the following mitigating circumstances, all of which I accept are present. First, … does not have any previous criminal record.
[72] I pay particular heed to what the court said in Friesen about the harmfulness of sexual offences against children. … The most relevant authorities presented to this court suggest that a sentence range for an offender who committed the offences which … has been found to commit and in … circumstances would be five to seven years.
[87] … I sentence you to six years for your conviction under s. 151 of the Code.
- R. v. L.S.B., 2024 BCSC 1455 Court decision, Courts of British Columbia