Sexual assault

R. v. F.K.K.

A publication ban applies. The offender is not named.

  • Below the Crown's ask

Sentence and the Crown's position

Crown asked149 months in custody1
Judge imposed11 years in custody (consecutive terms on seven counts), less 252 days credit1
1 year and 3 months less custody than the Crown asked

What the law allows

Maximum10 years
Crown asked149 months in custody
Judge imposed11 years in custody
Defence asked2 years less a day conditional sentence
For sexual assault (CC 271), the Criminal Code currently allows up to 10 years when the Crown proceeds by indictment, with no mandatory minimum. The sentence imposed is 110% of the maximum. Read the section.

A jury convicted the offender of seven counts of sexual assault against seven clients of his medical aesthetics clinic, committed during procedures he performed on them. The Crown sought a global sentence of 12 years and three months and the defence a conditional sentence of two years less a day plus three years' probation. Justice Warren imposed a global sentence of 11 years' imprisonment, finding denunciation and general deterrence paramount and a conditional sentence inappropriate.

In the judge's words

As I will explain, despite … personal circumstances, including that these are his first offences and he is viewed by those who know him best as otherwise a person of good character who has led a productive life, this is a case in which the objectives of denunciation and general deterrence are paramount, and a substantial penitentiary term, certainly one well above two years, is necessary to give those principles meaningful effect. In these circumstances, it would be an error to grant a conditional sentence order.

1

The record

Convicted of
Prior convictions
0 prior convictions1
At the time of the offence
Not stated1
Defence asked for
2 years less a day conditional sentence1
Appeal
Not yet checked
Counsel
Crown: J. Lawton, S. Dhaliwal
Defence: J. Whysall

Sources

  1. R. v. F.K.K., 2025 BCSC 1875 Court decision, CanLII, September 16, 2025[6] The Crown seeks a global sentence on all seven counts of 12 years and three months' imprisonment.[7] On behalf of Mr. … it is submitted that a conditional sentence of two years less a day, plus three years' probation, is appropriate as a global sentence on all seven counts.[42] The offence of sexual assault of a person who is 16 years of age or older carries a maximum sentence of 10 years' imprisonment. There is no mandatory minimum.[87] Mr. … has no prior criminal record.[76] As I will explain, despite … personal circumstances, including that these are his first offences and he is viewed by those who know him best as otherwise a person of good character who has led a productive life, this is a case in which the objectives of denunciation and general deterrence are paramount, and a substantial penitentiary term, certainly one well above two years, is necessary to give those principles meaningful effect. In these circumstances, it would be an error to grant a conditional sentence order.[114] … I sentence you to a global term of imprisonment of 11 years. … [117] Accordingly, you are granted credit at one and-a-half days for each day you served in custody, which amounts to a credit of 252 days of pre-sentence custody.
  2. R. v. F.K.K., 2025 BCSC 1875 Court decision, Courts of British Columbia

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