Sexual interference
R. v. B.J.L.
A publication ban applies. The offender is not named.
- Below the Crown's ask
Sentence and the Crown's position
What the law allows
After a trial, the offender was convicted of three counts of sexual interference involving a seven-year-old child over about a year while in a position of trust; three sexual assault convictions were conditionally stayed. The Crown sought 5 to 6 years; the defence proposed 2.5 to 3 years. Justice Jamieson imposed 4.5 years (54 months) concurrent on each count, consecutive to any sentence he was serving, finding that even with the considerations in the Impact of Race and Culture Assessment the offences were serious and highly blameworthy.
In the judge's words
1Even with all of the considerations I have noted from the IRCA, there is no way to deny the seriousness of this offence and the fact that B.J.L.’s conduct is highly blameworthy.
The record
- Convicted of
- Sexual interference (CC 151, 3 counts)
- Prior convictions
- Not recorded
- At the time of the offence
- Not stated1
- Defence asked for
- 2 years and 6 months in custody1
- Mandatory minimum
- Found unconstitutional or not applied under a binding ruling1
- Appeal
- Not yet checked
- Counsel
- Crown: Peter Dostal
Defence: Eugene Tan
Sources
- R. v. B.J.L., 2024 NSSC 33 Court decision, CanLII, January 23, 2024
[39] The Crown is seeking a sentence of 5 to 6 years incarceration plus ancillary orders.
[42] The Defence submits the appropriate sentence should be 2.5 to 3 years.
[38] At the time of the offence, s. 151 carried with it a 14-year maximum sentence and a minimum sentence of one year. The one-year mandatory-minimum penalty was found unconstitutional in R v Hood, 2018 NSCA 18, aff'd 2016 NSPC 78.
[87] … Even with all of the considerations I have noted from the IRCA, there is no way to deny the seriousness of this offence and the fact that B.J.L.’s conduct is highly blameworthy.
[89] … I impose a sentence of 4.5 years (54 months) in federal custody, concurrent on each of the section 151 offences.
- R. v. B.J.L., 2024 NSSC 33 Court decision, Courts of Nova Scotia