Invitation to sexual touching
R. v. A.A.A.
A publication ban applies. The offender is not named.
Sentence and the Crown's position
What the law allows
The offender was convicted after trial of one count of invitation to sexual touching of a 13-year-old complainant in November 2019, and acquitted of four other counts. Justice Matthews declared the one-year mandatory minimum in s. 152(a) of no force and effect, with the Crown's agreement. The Crown sought one year followed by three years of probation and said a conditional sentence was open; the offender, who was self-represented, sought a conditional sentence. Justice Matthews imposed one year in custody followed by three years of probation, finding that a conditional sentence could not meet the principles of denunciation and deterrence.
In the judge's words
1I am of the view that these circumstances do not outweigh gravity and moral blameworthiness of this offence so that the principles of denunciation and deterrence can be met by a conditional sentence of any type, let alone one with a curfew instead of house arrest or one with limited to no curfew.
The record
- Convicted of
- Invitation to sexual touching (CC 152)
- Prior convictions
- 0 prior convictions1
- At the time of the offence
- Not stated1
- Mandatory minimum
- Found unconstitutional or not applied under a binding ruling1
- Appeal
- Not yet checked
- Counsel
- Crown: T.J. Dotten
Defence: Self-represented (B.R. Anderson, amicus curiae)
Sources
- R. v. A.A.A., 2025 BCSC 909 Court decision, CanLII, April 10, 2025
[24] The Crown seeks a sentence of one year followed by three years of probation. The Crown asserts that it would be reasonable for the court to conclude that the prerequisites for a conditional sentence as provided for in s. 742.1 of the Criminal Code are met.
[23] I declare s. 152(a) to be grossly disproportionate when analyzed against a reasonable hypothetical, and I declare it to violate s. 12 of the Charter and to be of no force and effect.
[73] … has no criminal record.
[143] I am of the view that these circumstances do not outweigh gravity and moral blameworthiness of this offence so that the principles of denunciation and deterrence can be met by a conditional sentence of any type, let alone one with a curfew instead of house arrest or one with limited to no curfew.
[145] I sentence you to one year in custody followed by three years of probation.
- R. v. A.A.A., 2025 BCSC 909 Court decision, Courts of British Columbia