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

Crown asked5 years in custody1
Judge imposedFour and a half years' imprisonment on sexual interference, one year concurrent on invitation to sexual touching; sexual assault conditionally stayed1
185 days less custody than the Crown asked

What the law allows

Maximum14 years
Crown asked5 years in custody
Judge imposed4 years and 6 months in custody
Defence asked2 years in custody
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 32% of the maximum. Read the section.

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

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.

1

The record

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

  1. 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.
  2. R. v. J.R.B., 2024 BCSC 227 Court decision, Courts of British Columbia

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