Sexual interference

R. v. J.A.F.

A publication ban applies. The offender is not named.

Sentence and the Crown's position

Crown asked5 years in custody1
Judge imposed5 years in custody, less 8 days credit1

What the law allows

Maximum14 years
Crown asked5 years in custody
Judge imposed5 years in custody
Defence asked3 years in custody
Minimum1 year
For sexual interference (CC 151), 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 36% of the maximum. Read the section.

A jury found the offender guilty of sexual interference with a 15-year-old complainant, involving about seven sexual assaults over two months while he was in a position of trust; a related sexual assault count was stayed. The Crown sought five years in custody and the defence three to four years. Justice Ahmad imposed five years, giving primacy to denunciation and deterrence, with 8 days of credit for time served on a related release-order breach.

In the judge's words

In my view, the sentence achieves the goals of denunciation and deterrence and reflects the gravity of your offence and the high degree of moral blameworthiness while also taking into account the mitigating factors I have described.

1

The record

Convicted of
Prior convictions
0 prior convictions1
At the time of the offence
Not stated1
Defence asked for
3 years in custody1
Appeal
Not yet checked
Counsel
Crown: E. Yao, J. Ewasiuk
Defence: G. Rivard, K.C.

Sources

  1. R. v. J.A.F., 2025 BCSC 1392 Court decision, CanLII, June 13, 2025[62] The Crown submits that a five-year custodial sentence of "new time" is appropriate.[64] Mr. F. submits that a penitentiary sentence of three to four years is appropriate.[21] Prior to his convictions, Mr. F. did not have a criminal record.[101] In my view, the sentence achieves the goals of denunciation and deterrence and reflects the gravity of your offence and the high degree of moral blameworthiness while also taking into account the mitigating factors I have described.[99] After taking all of the relevant factors into consideration, I sentence you to serve a jail sentence of five years or 1,825 days. … I am satisfied that it is appropriate to credit you for that time at a rate of 1.5 to one amounting to a total enhanced credit of eight days.
  2. R. v. J.A.F., 2025 BCSC 1392 Court decision, Courts of British Columbia

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