Sexual interference, Invitation to sexual touching
R. v. J.R.B.
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 convicted by a jury of sexual interference, invitation to sexual touching and sexual assault for repeatedly sexually abusing a girl between the ages of nine and 11 over about two years. The Crown sought five to six years; the defence sought two to three years. Justice Coval imposed four and a half years on the sexual interference count with one year concurrent on invitation to sexual touching, and conditionally stayed the sexual assault count, citing the extent, frequency and duration of the abuse and its impact on the complainant.
In the judge's words
1While taking into account all the aggravating and mitigating factors described above, it is particularly important that … sentence reflect his high degree of moral blameworthiness for the extent, frequency, and duration of his abuse of … at her young age, and the terrible impact his crimes have inflicted on her.
The record
- Convicted of
- Sexual interference (CC 151)
- Invitation to sexual touching (CC 152)
- Prior convictions
- 0 prior convictions1
- At the time of the offence
- Not stated1
- Defence asked for
- 2 years in custody1
- Mandatory minimum
- Found unconstitutional or not applied under a binding ruling1
- Appeal
- Not yet checked
- Counsel
- Crown: L.A. Drake
Defence: P.W. Janzen
Sources
- R. v. J.R.B., 2024 BCSC 227 Court decision, CanLII, January 10, 2024
[2] The Crown seeks a penitentiary sentence of five to six years on Count 2.
[3] For Count 2, the defence submits that a sentence of two to three years is appropriate.
[36] The maximum sentence for sexual interference is 14 years in jail (s. 151(a)). The mandatory minimum punishment of one year was struck down as unconstitutional in R. v. Scofield, 2019 BCCA 3.
[5] He surrendered himself when charged and was released on bail. He has no previous criminal record
[75] While taking into account all the aggravating and mitigating factors described above, it is particularly important that … sentence reflect his high degree of moral blameworthiness for the extent, frequency, and duration of his abuse of … at her young age, and the terrible impact his crimes have inflicted on her.
[84] On Count 2, I sentence you to a penitentiary term of imprisonment of four-and-a-half years, which is 54 months. … [85] On Count 3, you are sentenced to a concurrent one‑year sentence.
- R. v. J.R.B., 2024 BCSC 227 Court decision, Courts of British Columbia