Sexual interference

R. v. O.D.

A publication ban applies. The offender is not named.

  • Below the Crown's ask

Sentence and the Crown's position

Crown asked3 years in custody1
Judge imposedTwo years less a day in custody (concurrent on two counts), less 3 days credit, then 1 year probation1
366 days less custody than the Crown asked

What the law allows

Maximum14 years
Crown asked3 years in custody
Judge imposed2 years less a day in custody
Defence asked2 years less a day conditional sentence
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 14% of the maximum. Read the section.

The offender was found guilty after trial of two counts of sexual interference involving a 14- or 15-year-old girl on two occasions, with two related sexual assault counts conditionally stayed. The Crown sought a global sentence of three years and the defence a conditional sentence of two years less a day. Justice Elwood imposed two years less a day in custody, served concurrently on both counts, followed by one year of probation, finding that denunciation and general deterrence required incarceration.

In the judge's words

I find that a conditional sentence order is not an appropriate sentence because it would not be consistent with the purposes and principles of sentencing. This is a case in which the need for denunciation and general deterrence require that the offender be incarcerated for his sentence so as to express society's condemnation of sexual offences against indigenous children and to deter similar offences by others.

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: T.J. Dotten
Defence: R. Smith, E.C. Strain

Sources

  1. R. v. O.D., 2025 BCSC 2395 Court decision, CanLII, June 12, 2025[31] The Crown seeks sentences of 12 months for count 1, and 24 months on count 3 (both sexual interference), to be served consecutively, for a global sentence of 3 years imprisonment.[34] The defence seeks a conditional sentence order of two years less a day of house arrest, followed by three years of probation.[29] O.D. has no criminal record.[99] I find that a conditional sentence order is not an appropriate sentence because it would not be consistent with the purposes and principles of sentencing. This is a case in which the need for denunciation and general deterrence require that the offender be incarcerated for his sentence so as to express society's condemnation of sexual offences against indigenous children and to deter similar offences by others.[98] The totality principle requires me to adjust the aggregate sentence so that the total sentence is proper. In my view, the appropriate total sentence is two years less a day. … [117] You have spent two days in custody (December 14, 2021 and January 12, 2024) for breach of the conditions of your release, so three days shall be deducted from your sentence as credit for time served.
  2. R. v. O.D., 2025 BCSC 2395 Court decision, Courts of British Columbia

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