Sexual interference
R. v. B-B.
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 with a young child, committed repeatedly over more than two years. The Crown sought 8 years' imprisonment and the defence 3 years. Justice Shergill imposed 4.5 years, weighing the gravity of the offence and the offender's high moral blameworthiness against his early guilty plea, remorse, lack of a record and Gladue factors.
In the judge's words
1In arriving at a fit and just sentence, I have also considered "alternative sentencing procedures and sanctions which may be appropriate in the circumstances, including procedures and sanctions that take a more rehabilitative, more restorative and less punitive approach": C.C.C. at para. 101. In this case I find that a period of incarceration is the only sentence that would adequately address the need for denunciation and deterrence, as well as the gravity of the offence and the degree of moral culpability.
The record
- Convicted of
- Sexual interference (CC 151)
- 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: J. Schroeder
Defence: J.R. Fernandes
Sources
- R. v. B-B., 2025 BCSC 232 Court decision, CanLII, February 7, 2025
[4] The Crown seeks a term of imprisonment of 8 years plus ancillary orders.
[4] The Crown seeks a term of imprisonment of 8 years plus ancillary orders. The defence seeks a prison term of 3 years plus ancillary orders.
[82] Mr. B-B. does not have a criminal record.
[118] In arriving at a fit and just sentence, I have also considered "alternative sentencing procedures and sanctions which may be appropriate in the circumstances, including procedures and sanctions that take a more rehabilitative, more restorative and less punitive approach": C.C.C. at para. 101. In this case I find that a period of incarceration is the only sentence that would adequately address the need for denunciation and deterrence, as well as the gravity of the offence and the degree of moral culpability.
[120] After taking all the relevant factors into consideration, I sentence you to serve a jail sentence of 4.5 years.
- R. v. B-B., 2025 BCSC 232 Court decision, Courts of British Columbia