Sexual interference
R. v. M.A.P.
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, a 21-year-old resident support worker, was convicted after trial of sexual interference for touching a 14-year-old youth in care while he believed the youth was asleep. The Crown sought 42 to 48 months in a penitentiary; the defence proposed 20 to 24 months with probation. Justice Morley imposed two years less a day followed by three years of probation, finding that a sentence at the high end of provincial time met denunciation and deterrence given the offender's youth and lack of a criminal record.
In the judge's words
1The parity cases relied on by the defence establish to my satisfaction that society's interest in denunciation can be met by a sentence at the higher end of what we might call "provincial time". I also consider that this will meet the needs of general and specific deterrence.
The record
- Convicted of
- Sexual interference (CC 151)
- Prior convictions
- 0 prior convictions1
- At the time of the offence
- Not stated1
- Defence asked for
- 20 months in custody1
- Mandatory minimum
- Found unconstitutional or not applied under a binding ruling1
- Appeal
- Not yet checked
- Counsel
- Crown: S. Green
Defence: O. James
Sources
- R. v. M.A.P., 2025 BCSC 669 Court decision, CanLII, March 6, 2025
[9] The Crown asks for a penitentiary sentence between 42 and 48 months.
The defence submitted that the appropriate length of the term of imprisonment should be between 20 and 24 months with three years of probation.
[39] The maximum sentence for a breach of s. 151 when the Crown proceeds by indictment is 14 years, and Parliament did enact a minimum punishment of one year but that was struck down by the Court of Appeal in R. v. Scofield, 2019 BCCA 3.
[25] … has no criminal record other than this incident.
[69] … The parity cases relied on by the defence establish to my satisfaction that society's interest in denunciation can be met by a sentence at the higher end of what we might call "provincial time". I also consider that this will meet the needs of general and specific deterrence.
[93] You will serve a term of imprisonment of 729 days less time served. Time served prior to sentencing is set at 106 days. Time served is calculated with a credit of one-and-one-half days for each day in pre-sentencing custody, or 159 days. Your remaining custodial sentence is therefore is 570 days. … [95] On the conclusion of your term of imprisonment, you will have a three-year term of probation with the following conditions.
- R. v. M.A.P., 2025 BCSC 669 Court decision, Courts of British Columbia