Sexual interference
R. v. J.A.H.
A publication ban applies. The offender is not named.
Sentence and the Crown's position
Crown asked10 years in custody1
Judge imposed10 years' imprisonment in total (3 years and 7 years consecutive)1
What the law allows
Maximum14 years
Crown asked10 years in custody
Judge imposed10 years in custody
Defence asked7 years in custody
Minimum1 year
The offender was convicted after trial of two counts of sexual interference against two complainants, abuse that began when they were children and continued over several years. The Crown sought a global sentence of 10 years and the defence seven to eight years. Justice E. McDonald imposed consecutive sentences of three and seven years, for a total of 10 years' imprisonment, finding the offender highly blameworthy and culpable.
In the judge's words
1When I consider J.A.H.'s moral culpability and degree of responsibility against the substantive elements of the offences and together with all of the evidence, I conclude that he is highly blameworthy and culpable.
The record
- Convicted of
- Sexual interference (CC 151, 2 counts)
- Prior convictions
- 0 prior convictions1
- At the time of the offence
- Not stated1
- Defence asked for
- 7 years in custody1
- Appeal
- Not yet checked
- Counsel
- Crown: A.R. Burns
Defence: D. Schultz
Sources
- R. v. J.A.H., 2024 BCSC 260 Court decision, CanLII, February 12, 2024
[41] The Crown submits that J.A.H. should receive a penitentiary sentence for count 1 of four years and for count 2, eight years and that the sentences should be consecutive. The Crown further submits that after applying the totality principle, an appropriate global sentence for J.A.H. is 10 years.
[44] The defence submits that an appropriate sentence is seven years on count 2 is appropriate and a three to four years on count 1. The defence also asks that the sentences be made concurrent with a global sentence of seven to eight years.
[84] There are very few mitigating circumstances other than J.A.H. does not have a criminal record.
[83] When I consider J.A.H.'s moral culpability and degree of responsibility against the substantive elements of the offences and together with all of the evidence, I conclude that he is highly blameworthy and culpable.
[111] … I sentence you to a period of incarceration of three years. … I sentence you to a period of incarceration of seven years, consecutive to Count 1. … [112] Therefore, your total global sentence is ten years' imprisonment.
- R. v. J.A.H., 2024 BCSC 260 Court decision, Courts of British Columbia