Sexual interference
R. v. J.A.C.
A publication ban applies. The offender is not named.
- Below the Crown's ask
Sentence and the Crown's position
What the law allows
A jury found the offender guilty of sexual interference with a 14-year-old girl who was staying at his home for a sleepover in Prince George in 2020. The Crown sought six years in custody; the defence sought a non-custodial sentence or, alternatively, 12 months in jail. Justice Stephens imposed four years in custody, less 53 days of pre-sentence credit, finding that a mid-single-digit penitentiary term was required under Friesen, while taking into account Gladue factors and the offender's remorse.
In the judge's words
1In my view, having regard to the relevant circumstances and considerations, including the caselaw, a sentence of four years is fit, just, and appropriate for Count 2 for sexual interference, and anything less than that would not be proportionate to the seriousness of the offence.
The record
- Convicted of
- Sexual interference (CC 151)
- Prior convictions
- 9 prior convictions1
- At the time of the offence
- Not stated1
- Defence asked for
- 1 year in custody1
- Mandatory minimum
- Found unconstitutional or not applied under a binding ruling1
- Appeal
- Not yet checked
- Counsel
- Crown: R.D. Withall
Defence: J. Macdonnell
Sources
- R. v. J.A.C., 2025 BCSC 2666 Court decision, CanLII, December 17, 2025
[44] The Crown is seeking a global sentence of six years' custody less remand time at the rate of 1:1.5 pursuant to s. 719 of the Criminal Code.
[46] In oral submissions, the defence sought a three to five year non‑custodial sentence. [47] Or, alternatively, the defence sought 12 months' jail on Count 2 and two or three years probation. [48] The defence submits a global sentence of 12 months' jail would be a fit and appropriate sentence.
[71] Section 151(a) states that a person convicted is liable to imprisonment for a term of not more than 14 years and a minimum punishment of imprisonment of a term of one year. [72] The mandatory minimum sentence was struck down in R. v. Scofield, 2019 BCCA 3 at para. 89.
[19] J.A.C. has a criminal record and Exhibit 4 is a conviction list that sets out the convictions from 2001 onward. They include nine convictions although, as Crown acknowledges, there is no prior related or relevant history.
In my view, having regard to the relevant circumstances and considerations, including the caselaw, a sentence of four years is fit, just, and appropriate for Count 2 for sexual interference, and anything less than that would not be proportionate to the seriousness of the offence.
[125] For the reasons I have given, I sentence you to four years imprisonment, less 53 days' credit for 35 days of pre-sentence custody, for the conviction of the offence on Count 2. [126] I calculate four years of jail to be 1,460 days (365x4).
- R. v. J.A.C., 2025 BCSC 2666 Court decision, Courts of British Columbia