Sexual interference
R. v. J.T.B.
A publication ban applies. The offender is not named.
Sentence and the Crown's position
Crown asked5 years in custody1
Judge imposed5 years in custody1
What the law allows
Maximum14 years
Crown asked5 years in custody
Judge imposed5 years in custody
Defence asked3 years in custody
Minimum1 year
The offender was convicted after trial of sexual interference for repeatedly touching a child for a sexual purpose over about two years, from when she was eight until she turned 10. The Crown sought five to seven years in custody; the defence sought three years. Justice Baker imposed five years in custody, finding the offender highly morally blameworthy and that denunciation and deterrence were paramount.
In the judge's words
1As the Supreme Court of Canada has noted in Friesen, courts must focus on the violations of trust, humiliation, objectification, exploitation, shame, and loss of self esteem which result from sexual abuse of children.
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: B. Bouchard, L. Baek
Defence: B.R. Anderson
Sources
- R. v. J.T.B., 2024 BCSC 2381 Court decision, CanLII, October 28, 2024
[35] The Crown seeks a five to seven year term of imprisonment with a number of ancillary orders as a sentence proportionate to the gravity of the offence and Mr. … moral culpability.
[36] The defence submits that an appropriate sentence would be three years and agrees with the ancillary orders proposed by the Crown.
[11] Mr. … is 40 years old and has no history of criminal behaviour.
[40] As the Supreme Court of Canada has noted in Friesen, courts must focus on the violations of trust, humiliation, objectification, exploitation, shame, and loss of self esteem which result from sexual abuse of children.
[44] Mr. … could you please stand. For the reasons I have expressed, I sentence you to five years in custody from today's date and I grant the following ancillary orders:
- R. v. J.T.B., 2024 BCSC 2381 Court decision, Courts of British Columbia