Sexual interference
R. v. F.C.M.
A publication ban applies. The offender is not named.
Sentence and the Crown's position
Crown asked54 months in custody1
Judge imposed4.5 years (1,620 days) less 246 days credit1
What the law allows
Maximum14 years
Crown asked54 months in custody
Judge imposed54 months in custody
Defence asked54 months in custody
Minimum1 year
The offender was convicted after trial of sexual interference with a child in Kelowna in November 2022; a sexual assault count on the same facts was stayed. Crown and defence both proposed four years and six months in custody. Justice Hewson agreed and imposed 1,620 days less 246 days of credit, finding the aggravating factors stark and giving primary consideration to denunciation and deterrence.
In the judge's words
1In this case, there are few mitigating circumstances. I note that during his trial, F.C.M. made reasonable admissions of fact that allowed the court to focus on the real issues in the trial.
The record
- Convicted of
- Sexual interference (CC 151)
- Prior convictions
- 0 prior convictions1
- At the time of the offence
- Not stated1
- Defence asked for
- 54 months in custody1
- Appeal
- Not yet checked
- Counsel
- Crown: K.J. Short
Defence: M.S. Lowe
Sources
- R. v. F.C.M., 2025 BCSC 2665 Court decision, CanLII, December 5, 2025
[6] Both Crown and defence have told me today that a fair and fit sentence for F.C.M. would be a sentence of incarceration for four years and six months, which is 1,620 days.
[6] Both Crown and defence have told me today that a fair and fit sentence for F.C.M. would be a sentence of incarceration for four years and six months, which is 1,620 days.
[11] F.C.M. has no criminal record.
[22] In this case, there are few mitigating circumstances. I note that during his trial, F.C.M. made reasonable admissions of fact that allowed the court to focus on the real issues in the trial.
[29] Having considered your circumstances, the circumstances of the crime you committed, and all of the relevant principles and factors, I find that I agree with counsel that the just sentence to impose on you is a sentence of 4.5 years which will be recorded as 1,620 days. You served 164 days of custody prior to sentencing. I will give you credit for 1.5 days for each day of presentence custody, which totals 246 days of credit.
- R. v. F.C.M., 2025 BCSC 2665 Court decision, Courts of British Columbia