Luring a child, Sexual assault of a person under 16
R. v. Massie
Sentence and the Crown's position
What the law allows
Vincent Massie pleaded guilty to sexual assault and child luring involving a 15-year-old he met online when he was 48. The Crown sought a global sentence of four years and the defence 30 months. Justice Giaschi imposed three years for the sexual assault and a consecutive one year for luring, for four years in total, citing the direction in Friesen that denunciation and deterrence take priority for sexual offences against children.
In the judge's words
1Considering the various admonitions of the Supreme Court of Canada in Friesen and Bertrand Marchand, the circumstances of the offence, the circumstances of Mr. Massie, the aggravating and mitigating circumstances, the objectives of sentencing, and the comparable cases to which I have been referred, I am of the view that a fit, proper, and proportional sentence for the offence of sexual assault is three years' imprisonment and a fit, proper, and proportional sentence for the offence of luring is one year imprisonment, a sentence that both parties urged upon me.
The record
- Convicted of
- Luring a child (CC 172.1)
- Sexual assault of a person under 16 (CC 271 U16)
- Prior convictions
- 9 prior convictions, 1 violent1
- At the time of the offence
- Not stated1
- Defence asked for
- 30 months in custody1
- Appeal
- Not yet checked
- Counsel
- Crown: D.D. Heighes
Defence: G.A.P. Verdurmen
Sources
- R. v. Massie, 2025 BCSC 1147 Court decision, CanLII, May 16, 2025
[4] The Crown submits that a global sentence of four years' imprisonment is fit and proper.
[4] … The defendant submits the total sentence should be 30 months or 2.5 years' imprisonment.
[5] The circumstances of the offences are set out in the agreed statement of facts filed at the hearing as follows: … In the fall of 2018, Vincent Massie
[41] The defendant's criminal record is an aggravating factor, notwithstanding that he has no prior convictions for sexual offences. His record includes nine offences as an adult from 1989 to May 2015. … 1992, assault for which he received 60 days;
[59] Considering the various admonitions of the Supreme Court of Canada in Friesen and Bertrand Marchand, the circumstances of the offence, the circumstances of Mr. Massie, the aggravating and mitigating circumstances, the objectives of sentencing, and the comparable cases to which I have been referred, I am of the view that a fit, proper, and proportional sentence for the offence of sexual assault is three years' imprisonment and a fit, proper, and proportional sentence for the offence of luring is one year imprisonment, a sentence that both parties urged upon me.
[63] On Count 3 of the indictment, sexual assault contrary to s. 271 of the Criminal Code, I sentence you to three years' imprisonment. [64] On Count 4 of the indictment, child luring contrary to s. 172.1 of the Criminal Code, I sentence you to one-year imprisonment to be served consecutively with the sentence imposed under Count 3.
- R. v. Massie, 2025 BCSC 1147 Court decision, Courts of British Columbia