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
What the law allows
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
1The 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.
The record
- Convicted of
- Invitation to sexual touching (CC 152)
- Incest (CC 155)
- Making child sexual abuse material (CC 163.1(2))
- Distributing child sexual abuse material (CC 163.1(3))
- Making sexually explicit material available to a child (CC 171.1)
- Sexual assault of a person under 16 (CC 271 U16)
- 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
- 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.
- R. v. W.H., 2024 BCSC 336 Court decision, Courts of British Columbia