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
What the law allows
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
1As 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.
The record
- Convicted of
- Sexual assault (CC 271, 7 counts)
- 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
- 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.
- R. v. F.K.K., 2025 BCSC 1875 Court decision, Courts of British Columbia