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
What the law allows
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
1However, 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.
The record
- Convicted of
- Sexual interference (CC 151, 2 counts)
- 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
- 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.
- R. v. P.J.H., 2024 BCSC 2177 Court decision, Courts of British Columbia