Sexual interference

R. v. P.J.H.

A publication ban applies. The offender is not named.

  • Below the Crown's ask

Sentence and the Crown's position

Crown asked8 years in custody1
Judge imposed5 years in custody (2 years 4 months and 2 years 8 months consecutive), 3 days credit1
3 years less custody than the Crown asked

What the law allows

Maximum14 years
Crown asked8 years in custody
Judge imposed5 years in custody
Defence asked2 years less a day conditional sentence
Minimum1 year struck down
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 that courts have struck down as unconstitutional. The sentence imposed is 36% of the maximum. Read the section.

The offender was found guilty of two counts of sexual interference and two counts of sexual assault arising from two incidents in Langford and Saanich in 2018 involving a 14- and 15-year-old complainant; the sexual assault counts were conditionally stayed. The Crown sought eight to 10 years' imprisonment; the defence sought a conditional sentence of two years less a day followed by two years' probation. Justice Brongers imposed consecutive sentences of two years and four months and two years and eight months, five years in total, with three days' credit, finding a conditional sentence disproportionate given the complainant's vulnerability and the offender's related record, and reducing each sentence by one-third for totality.

In the judge's words

However, as was recently indicated by our Court of Appeal in R. v. Maslehati, 2024 BCCA 207, it will only be in the rarest of cases that a CSO will ever be appropriate following a sexual offence conviction with aggravating circumstances, such as when the victim is a vulnerable youth.

1

The record

Convicted of
Prior convictions
Not recorded
At the time of the offence
Not stated1
Defence asked for
2 years less a day conditional sentence1
Mandatory minimum
Found unconstitutional or not applied under a binding ruling1
Appeal
Not yet checked
Counsel
Crown: S. Green
Defence: N. Acker (hearing only); B. McPhail (judgment only)

Sources

  1. R. v. P.J.H., 2024 BCSC 2177 Court decision, CanLII, November 18, 2024[2] Sentencing submissions were presented by the Crown and the defence on October 25, 2024. There is a considerable disparity between their positions. Counsel for the Crown seeks a total sentence of between eight and 10 years of imprisonment. Counsel for the defence proposes instead a conditional sentence order of two years less a day, as well as a two-year probation order.[2] Sentencing submissions were presented by the Crown and the defence on October 25, 2024. There is a considerable disparity between their positions. Counsel for the Crown seeks a total sentence of between eight and 10 years of imprisonment. Counsel for the defence proposes instead a conditional sentence order of two years less a day, as well as a two-year probation order.[61] Pursuant to s. 151 of the Code, the maximum sentence for sexual interference is 14 years. There is no mandatory minimum sentence: R. v. Scofield, 2019 BCCA 3.[75] … However, as was recently indicated by our Court of Appeal in R. v. Maslehati, 2024 BCCA 207, it will only be in the rarest of cases that a CSO will ever be appropriate following a sexual offence conviction with aggravating circumstances, such as when the victim is a vulnerable youth.[89] THE COURT: On Count 2, sexual interference with … in June 2018 in Langford, I sentence you to imprisonment for a period of two years and four months. … [90] On Count 4, sexual interference with … in October 2018 in Saanich, I sentence you to imprisonment for a period of two years and eight months. … [91] These sentences are to be served consecutively. In other words, the totality of the combined sentences is five years. … [92] You will receive a credit of three days towards these sentences for the two days of pre-trial custody you had in respect of these offences.
  2. R. v. P.J.H., 2024 BCSC 2177 Court decision, Courts of British Columbia

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