Sexual assault, Indecent act

R. v. J.F.F.

A publication ban applies. The offender is not named.

  • Below the Crown's ask
  • On release at the time

Sentence and the Crown's position

Crown asked3 years in custody1
Judge imposed30 months in custody less 819 days' credit (3 months and 1 day remaining), then 2 years probation1
195 days less custody than the Crown asked

What the law allows

Maximum10 years
Crown asked3 years in custody
Judge imposed30 months in custody
Defence askedTime served
For sexual assault (CC 271), the Criminal Code currently allows up to 10 years when the Crown proceeds by indictment, with no mandatory minimum. The sentence imposed is 25% of the maximum. Read the section.

A jury convicted the offender of sexually assaulting a healthcare worker who was providing care to him in February 2023, and of committing an indecent act in her presence. The Crown sought three years; the defence asked for a sentence equal to time served. Justice Gomery imposed 30 months, reduced by 819 days of pre-sentence credit, followed by two years of probation, citing the offender's long record, a 2020 conviction for a similar assault while he was on parole from that sentence, and psychological deficits that reduced his moral culpability only to a degree.

In the judge's words

… psychological deficits mitigate his moral culpability, but only to a degree. … A sentence exceeding the 18 months he served for the previous assault remains necessary. In my view, a just sentence is 30 months in prison. This is high on the range, but not at the top.

1

The record

Convicted of
Prior convictions
Not recorded
At the time of the offence
On parole1
Defence asked for
Time served1
Appeal
Not yet checked
Counsel
Crown: T.W.B. Cullen
Defence: J.R.R. Hemmerling

Sources

  1. R. v. J.F.F., 2024 BCSC 2602 Court decision, CanLII, September 23, 2024[27] The Crown seeks a sentence of three years less credit for time served for the sexual assault, and a concurrent sentence of 18 months for the indecent act.[28] The defence proposes a sentence for the sexual assault equal to the credit for time served, and a concurrent sentence of nine months for the indecent act, so that[29] The following are aggravating factors supporting an increased sentence: … Of particular note, he committed these offences while he was on parole from a sentence imposed in 2020 for offences that included a sexual assault committed against a female healthcare professional[45] … psychological deficits mitigate his moral culpability, but only to a degree. … A sentence exceeding the 18 months he served for the previous assault remains necessary. In my view, a just sentence is 30 months in prison. This is high on the range, but not at the top.[47] … The term of imprisonment I would have imposed on you before granting any credit is 30 months. The actual presentence time in custody is 546 days. I am granting you credit at a rate of 1.5 to one. The total credit I am granting you is 26 months and 29 days. … [25] … That is 819 days or two years, two months, and 29 days. … [46] A probation order of two years will afford
  2. Criminal Code, s. 271 Record, Justice Laws Website
  3. R. v. J.F.F., 2024 BCSC 2602 Court decision, Courts of British Columbia

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