Sexual interference, Making child sexual abuse material
R. v. P.P.A.
A publication ban applies. The offender is not named.
- Below the Crown's ask
Sentence and the Crown's position
What the law allows
The offender pleaded guilty to sexual interference involving two complainants aged 12 and 14 and to making child pornography, offences committed in 2021. The Crown sought a global sentence of eight years in custody and the defence three and a half years. Justice Devlin found four years and one year, consecutive, fit, then reduced the first by six months for totality, imposing four years and six months less 1,272 days of pre-sentence credit, followed by two years of probation.
In the judge's words
1I believe that only a modest reduction is warranted to give effect to the totality principle. Therefore, I find that a reduction in sentence of six months from the sentence imposed for Count 1 is necessary and sufficient, in the circumstances.
The record
- Convicted of
- Sexual interference (CC 151)
- Making child sexual abuse material (CC 163.1(2))
- Prior convictions
- 0 prior convictions1
- At the time of the offence
- Not stated1
- Defence asked for
- 3 years and 6 months in custody1
- Appeal
- Not yet checked
- Counsel
- Crown: S.M. Bertrand, K. LeNoble
Defence: T.C. Paisana, M.J. Gismondi
Sources
- R. v. P.P.A., 2025 BCSC 159 Court decision, CanLII, February 6, 2025
[3] The Crown submits that a fit sentence for Count 1 is five years' imprisonment, followed by four years' imprisonment for Count 2. The Crown suggests a global sentence of 8 years' imprisonment to conform with the totality principle.
[51] Counsel for … submit that a global sentence of 3.5 years' imprisonment is appropriate, consisting of 3 years for Count 1 and six months for Count 2.
[27] … has no criminal history.
[106] … I believe that only a modest reduction is warranted to give effect to the totality principle. Therefore, I find that a reduction in sentence of six months from the sentence imposed for Count 1 is necessary and sufficient, in the circumstances.
[107] … I sentence you to three years and six months' imprisonment. … On Count 2 of the Indictment, the making of child pornography, I sentence you to one year's imprisonment. … Therefore, your global sentence is four years and six months. … At a rate of 1.5:1, … is entitled to a credit of 1,272 days. … (a) You must comply with the probation order for a term of 2 years.
- R. v. P.P.A., 2025 BCSC 159 Court decision, Courts of British Columbia