Luring a child, Obtaining sexual services for consideration from a person under 18, Obtaining sexual services for consideration, Breach of an undertaking

R. v. B.C.

A publication ban applies. The offender is not named.

  • Below the Crown's ask
  • On release at the time

Sentence and the Crown's position

Crown asked83 months in custody1
Judge imposed30 months incarceration in total, deemed served by remand credit (993 days at 1.5:1 plus Duncan credit); fines of $1,000 and $2,000 on the adult solicitation counts1
53 months less custody than the Crown asked

What the law allows

Maximum14 years
Crown asked83 months in custody
Judge imposed30 months in custody
Defence asked2 years in custody
Minimum1 year
For luring a child (CC 172.1), 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 18% of the maximum. Read the section.

The offender pleaded guilty to luring two girls aged 15 and 17 online, communicating to obtain sexual services from a person under 18, obtaining or communicating to obtain sexual services from two adult women, and breaching an undertaking. The Crown sought six years and ten months; the defence sought two to two and a half years. Associate Chief Judge van der Hoek imposed a total of 30 months' incarceration, deemed served by credit for remand time including Duncan credit for harsh conditions, and fines of $1,000 and $2,000, finding the mitigating circumstances outweighed the aggravating ones.

In the judge's words

I find there is no support for the three-year sentence sought by the Crown on these facts, the case law, or the circumstances. Instead having regard for all the considerations, I find the mitigating circumstances outweigh the aggravating circumstances, and parity and proportionality, along with Duncan credit support such a sentence.

1

The record

Prior convictions
8 prior convictions, 2 violent1
At the time of the offence
On bail1
Defence asked for
2 years in custody1
Appeal
Not yet checked
Counsel
Crown: Alicia Kennedy
Defence: Pavel Boubnov

Sources

  1. R. v. B.C., 2024 NSPC 34 Court decision, CanLII, February 22, 2024[3] Both parties sought a federal period of incarceration - the Crown six years and ten months and the defence between two and two and a half years.[3] Both parties sought a federal period of incarceration - the Crown six years and ten months and the defence between two and two and a half years.[12] While engaging in these communications, … was subject to an undertaking with the condition not to communicate with persons under the age of sixteen.[20] … has a short, dated, unrelated criminal record. … 2019: impaired driving - fine and driving prohibition; … 2018: exceed legal limit (s. 253 of the Cr. C.) - fine and driving prohibition; … 2007: mischief - fine; … 2005: assault- fine, assault (s. 267(b)) - 45 days, failure to abide by conditions of an undertaking - 15 days, and mischief - suspended sentence and probation for two years.[95] … I find there is no support for the three-year sentence sought by the Crown on these facts, the case law, or the circumstances. Instead having regard for all the considerations, I find the mitigating circumstances outweigh the aggravating circumstances, and parity and proportionality, along with Duncan credit support such a sentence.The latter sentences, (iii), will be served consecutive to the six-month sentence, (ii), resulting in 30 months incarceration. … The time spent on remand as of today - 662 days, multiplied by 1.5 is 993 days or 2.7 years. … [100] After deducting time served and the Duncan credit, he will be released today.
  2. R. v. B.C., 2024 NSPC 34 Court decision, Courts of Nova Scotia

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