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
What the law allows
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
1… 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.
The record
- Convicted of
- Sexual assault (CC 271)
- Indecent act (CC 173(1))
- 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
- 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
- Criminal Code, s. 271 Record, Justice Laws Website
- R. v. J.F.F., 2024 BCSC 2602 Court decision, Courts of British Columbia