Sexual interference, Exposure to a person under 16, Uttering threats to cause death or bodily harm
R. v. K.N.R.H.
A publication ban applies. The offender is not named.
Sentence and the Crown's position
What the law allows
After a trial, the offender was convicted of sexual interference, exposure and uttering threats involving a 12-year-old complainant; a sexual assault count was stayed under Kienapple. The Crown sought 48 months; the defence proposed a shorter term that would leave two years of new jail time followed by three years of supervision. Justice Branch imposed 48 months, less 294 days of pre-trial credit, finding that Friesen required the focus to be on denunciation and deterrence.
In the judge's words
1However, given that: (a) the focus of the sentence must be on denunciation and deterrence; and (b) the decision in Friesen has directed trial courts to increase custodial sentences to reflect the pain being caused to abused youths generally (pain that I find is being suffered here specifically), I find that the Crown's proposal is more reasonable, and is reasonable generally.
The record
- Convicted of
- Sexual interference (CC 151)
- Exposure to a person under 16 (CC 173(2))
- Uttering threats to cause death or bodily harm (CC 264.1(1)(a))
- Prior convictions
- 0 prior convictions1
- At the time of the offence
- Not stated1
- Appeal
- Not yet checked
- Counsel
- Crown: B. Bellrichard
Defence: C.E. Johnson
Sources
- R. v. K.N.R.H., 2024 BCSC 699 Court decision, CanLII, March 28, 2024
[29] At the end of the day, the Crown proposed the following sentence: a) Count 1, sexual interference, 48 months;
[3] I was provided with a JUSTIN conviction report, which indicated that the accused did not have a criminal record prior to the incidents in question.
[34] … However, given that: (a) the focus of the sentence must be on denunciation and deterrence; and (b) the decision in Friesen has directed trial courts to increase custodial sentences to reflect the pain being caused to abused youths generally (pain that I find is being suffered here specifically), I find that the Crown's proposal is more reasonable, and is reasonable generally.
[39] To recap, I impose a sentence of 1,166 days, determined as follows: … Count 1, for sexual interference, 48 months; … Count 3, exposure, 90 days concurrent to Count 1; … Count 4, uttering threats, 90 days concurrent to Count 1; to which is applied a pre-trial custody credit of 294 days.
- R. v. K.N.R.H., 2024 BCSC 699 Court decision, Courts of British Columbia