Sexual interference

R. v. K.I.Z.

A publication ban applies. The offender is not named.

  • Below the Crown's ask

Sentence and the Crown's position

Crown asked6 years in custody1
Judge imposed5 years and 2 months in custody, less 71 days credit1
11 months less custody than the Crown asked

What the law allows

Maximum14 years
Crown asked6 years in custody
Judge imposed62 months in custody
Defence asked4 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 36% of the maximum. Read the section.

The offender was convicted after trial of one count of sexual interference with a 12-year-old complainant, involving five incidents over several months in 2021. The Crown sought six to seven years in custody and the defence four years. Justice Hardwick imposed five years and two months, less 71 days of credit, weighing the Friesen factors, a moderate risk to reoffend and the offender's Gladue circumstances.

In the judge's words

In my view, the sentence achieves the goals of denunciation and deterrence and reflects the gravity of your offence, and what I consider to be a high degree of moral blameworthiness, while also taking into account mitigating factors and other factors and circumstances I have described in these reasons, and are set out in greater detail in the PSR and the psychological assessment.

1

The record

Convicted of
Prior convictions
0 prior convictions1
At the time of the offence
Not stated1
Defence asked for
4 years in custody1
Appeal
Not yet checked
Counsel
Crown: D.M. Borgia
Defence: N. Selamaj

Sources

  1. R. v. K.I.Z., 2025 BCSC 2643 Court decision, CanLII, December 16, 2025[69] The Crown submits that a fit sentence for Mr. Z. is a custodial sentence of six to seven years.The defence submits that a fit sentence of incarceration is four years.[26] He comes before the court as a first‑time offender.In my view, the sentence achieves the goals of denunciation and deterrence and reflects the gravity of your offence, and what I consider to be a high degree of moral blameworthiness, while also taking into account mitigating factors and other factors and circumstances I have described in these reasons, and are set out in greater detail in the PSR and the psychological assessment.[95] After taking all of the relevant factors into consideration, I sentence you to serve a jail sentence of five years and two months. Converted to days for Corrections' purposes, that is 1,860 days. [96] However, you are entitled, as conceded to by the Crown, to credit for 71 days.
  2. R. v. K.I.Z., 2025 BCSC 2643 Court decision, Courts of British Columbia

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