Sexual interference

R. v. S.M.P.

A publication ban applies. The offender is not named.

  • Below the Crown's ask

Sentence and the Crown's position

Crown asked7 years in custody1
Judge imposed6 years' imprisonment for sexual interference; sexual assault count conditionally stayed1
1 year less custody than the Crown asked

What the law allows

Maximum14 years
Crown asked7 years in custody
Judge imposed6 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 43% of the maximum. Read the section.

The offender was found guilty after trial of sexual assault and sexual interference with a 12-year-old girl over a period between 2020 and 2022; the sexual assault count was conditionally stayed. The Crown sought seven years in custody and the defence three to four years. Justice McDonald imposed six years for sexual interference, finding that Gladue factors somewhat reduced his moral blameworthiness but that a substantial penitentiary term was required because he had reoffended after a prior sentence and treatment for a sexual offence against a child.

In the judge's words

However, in this case given all of the circumstances, including that S.M.P. has received a prior conditional sentence for a sexual offence against a child and completed treatment and programming for sexual offending in the past and yet he reoffended. I find that substantial period of incarceration is the only sentence that adequately addresses the need for denunciation and deterrence and which also recognizes the gravity of offence, the need to protect the public, and S.M.P.'s moral culpability, even after accepting that his moral culpability is reduced somewhat.

1

The record

Convicted of
Prior convictions
Not recorded
At the time of the offence
Not stated1
Defence asked for
3 years in custody1
Appeal
Not yet checked
Counsel
Crown: J. Vivian
Defence: S. Sheets

Sources

  1. R. v. S.M.P., 2025 BCSC 1980 Court decision, CanLII, October 6, 2025[41] The Crown submits that a custodial sentence of 7 years is appropriate along with a variety of ancillary orders.[42] The defence submits that a custodial sentence of 3-4 years is appropriate due to the circumstances.[89] … However, in this case given all of the circumstances, including that S.M.P. has received a prior conditional sentence for a sexual offence against a child and completed treatment and programming for sexual offending in the past and yet he reoffended. I find that substantial period of incarceration is the only sentence that adequately addresses the need for denunciation and deterrence and which also recognizes the gravity of offence, the need to protect the public, and S.M.P.'s moral culpability, even after accepting that his moral culpability is reduced somewhat.[94] I sentence you to six years of incarceration in respect of the offence of sexual interference contrary to s. 151 of the Code.
  2. R. v. S.M.P., 2025 BCSC 1980 Court decision, Courts of British Columbia

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