Sexual interference
R. v. S.S.A.
A publication ban applies. The offender is not named.
- Below the Crown's ask
Sentence and the Crown's position
Crown asked8 years in custody1
Judge imposed6 years' imprisonment1
2 years less custody than the Crown asked
What the law allows
Maximum14 years
Crown asked8 years in custody
Judge imposed6 years in custody
Defence asked4 years in custody
Minimum1 year
The offender was convicted after trial of sexual interference for four incidents against a nine-year-old child in the child's home; a conviction for sexual assault on the same facts was conditionally stayed. The Crown sought eight years in custody and the defence four to five years. Justice Lamb imposed six years' imprisonment, finding the offender's moral blameworthiness high and that a shorter sentence would not reflect the gravity of the offence.
In the judge's words
1In my view, a sentence of less than six years would not adequately reflect the gravity of the offence and moral blameworthiness of the offender. A sentence of six years reasonably satisfies the parity principle.
The record
- Convicted of
- Sexual interference (CC 151)
- Prior convictions
- 0 prior convictions1
- At the time of the offence
- Not stated1
- Defence asked for
- 4 years in custody1
- Appeal
- Not yet checked
- Counsel
- Crown: P. Miller
Defence: J. Waddington
Sources
- R. v. S.S.A., 2024 BCSC 364 Court decision, CanLII, January 10, 2024
[3] With respect to the conviction for sexual interference, the Crown submits that an in‑custody sentence of eight years, together with various ancillary orders, is a fit and proper sentence in the circumstances.
[4] … submits that an in‑custody sentence of four to five years is appropriate.
[56] The Crown argues that there are no mitigating factors. However, I accept … submission that the absence of a criminal record is a mitigating factor for sentencing.
[74] … In my view, a sentence of less than six years would not adequately reflect the gravity of the offence and moral blameworthiness of the offender. A sentence of six years reasonably satisfies the parity principle.
[76] On the charge of sexual interference of S.S. contrary to s. 151 of the Code, which is Count 2 of the indictment, I impose a custodial sentence of six years.
- R. v. S.S.A., 2024 BCSC 364 Court decision, Courts of British Columbia