Sexual assault of a person under 16
R. v. F.K.S.
A publication ban applies. The offender is not named.
Sentence and the Crown's position
What the law allows
The offender was convicted after trial of sexually assaulting a person under 16 in April 2020. The Crown sought a penitentiary sentence of three to four years; the defence sought a conditional sentence of two years less a day, relying on Gladue factors and family circumstances. Justice Hughes imposed 40 months in custody, finding that denunciation and deterrence of sexual violence against children required a penitentiary sentence despite the offender's Gladue factors.
In the judge's words
1In my view, a penitentiary sentence is necessary in this case. Any lesser sentence would not be consistent with the fundamental principles of sentencing set out in ss. 718 to 718.2 of the Criminal Code, bearing in mind ss. 718.01, 718.04, and 718.2(e) and the developments in the jurisprudence I have highlighted in Friesen and subsequent decisions applying it.
The record
- Convicted of
- Sexual assault of a person under 16 (CC 271 U16)
- Prior convictions
- Not recorded
- At the time of the offence
- Not stated1
- Defence asked for
- 2 years less a day conditional sentence1
- Appeal
- Not yet checked
- Counsel
- Crown: N.S. Bennet
Defence: B. Zargarian
Sources
- R. v. F.K.S., 2024 BCSC 626 Court decision, CanLII, March 26, 2024
[6] The Crown seeks a penitentiary sentence in the range of three to four years.
[7] The defence submits that based on Gladue factors and … family circumstances, a fit sentence in the present case is two years less a day to be served by way of a conditional sentence order ("CSO").
[79] In my view, a penitentiary sentence is necessary in this case. Any lesser sentence would not be consistent with the fundamental principles of sentencing set out in ss. 718 to 718.2 of the Criminal Code, bearing in mind ss. 718.01, 718.04, and 718.2(e) and the developments in the jurisprudence I have highlighted in Friesen and subsequent decisions applying it.
[85] … Considering the above and in light of your Gladue factors, I sentence you to a term of incarceration of 40 months in respect of the sexual assault conviction.
- R. v. F.K.S., 2024 BCSC 626 Court decision, Courts of British Columbia