Invitation to sexual touching, Incest, Making child sexual abuse material, Distributing child sexual abuse material, Making sexually explicit material available to a child, Sexual assault of a person under 16

R. v. W.H.

A publication ban applies. The offender is not named.

  • Below the Crown's ask

Sentence and the Crown's position

Crown asked20 years in custody1
Judge imposedLong-term offender designation; 18 years in prison (10 years for the sexual offences plus 8 years consecutive for the child sexual abuse material offences) less 1,462 days of credit, followed by a 10-year long-term supervision order1
2 years less custody than the Crown asked

What the law allows

Maximum14 years
Crown asked20 years in custody
Judge imposed18 years in custody
Defence asked10 years in custody
Minimum1 year
For invitation to sexual touching (CC 152), the Criminal Code currently allows up to 14 years when the Crown proceeds by indictment, with a mandatory minimum of 1 year. The sentence imposed is 129% of the maximum. Read the section.

The offender pleaded guilty to sexual offences against a young child over about three and a half years and to making and distributing child sexual abuse material of the child. The Crown sought a dangerous offender designation and an indeterminate sentence, or failing any designation 20 years; the defence sought 10 years. Justice Winteringham found the dangerous offender criteria not proven, designated the offender a long-term offender, and imposed 18 years less 1,462 days of credit, followed by a 10-year long-term supervision order, citing some prospect for rehabilitation.

In the judge's words

The sentence reflects that there is some prospect for rehabilitation considering the fact that W.H. did not reoffend during the time he was on bail and the availability of the correctional programming to address the underlying factors of his criminal behaviour; that he appears to have some support in the community from his father; and W.H.'s age upon release.

1

The record

Prior convictions
0 prior convictions1
At the time of the offence
Not stated1
Defence asked for
10 years in custody1
Mandatory minimum
Applied1
Appeal
Not yet checked
Counsel
Crown: T.G. Morgan
Defence: J. Watt

Sources

  1. R. v. W.H., 2024 BCSC 336 Court decision, CanLII, February 16, 2024[278] The Crown's primary position is that there be a dangerous offender designation and indeterminate sentence (alternatively, designation of long-term offender with a ten-year LTSO). Failing which, the Court should impose a sentence of twenty years.[286] As I have said, W.H. seeks a sentence of ten years less enhanced credit for time served.(the incest charge has a minimum sentence of five years)I have also considered the fact that W.H. does not have a criminal record[305] The sentence reflects that there is some prospect for rehabilitation considering the fact that W.H. did not reoffend during the time he was on bail and the availability of the correctional programming to address the underlying factors of his criminal behaviour; that he appears to have some support in the community from his father; and W.H.'s age upon release.[311] With respect to the sentence, I have imposed a determinate sentence of 18 years less credit (1,462 days) for pretrial detention allowing for enhanced credit. The total amount of time to serve is therefore 14 years and five months. The LTSO will be for ten years.
  2. R. v. W.H., 2024 BCSC 336 Court decision, Courts of British Columbia

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