Sexual assault of a person under 16

R. v. T.J.F.

A publication ban applies. The offender is not named.

Sentence and the Crown's position

Crown asked3 years in custody1
Judge imposed3 years imprisonment1

What the law allows

Maximum14 years
Crown asked3 years in custody
Judge imposed3 years in custody
Defence asked3 years in custody
Minimum1 year
For sexual assault of a person under 16 (CC 271 U16), 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 21% of the maximum. Read the section.

A jury found the offender guilty of sexually assaulting a 14-year-old complainant in 2024. The Crown and defence jointly proposed three years' imprisonment. Justice Morley accepted the joint submission and imposed three years, weighing the offender's position of trust and two prior sexual assault convictions against his age, health and the intergenerational impact of the residential school system.

In the judge's words

I think it is very clear that there does need to be substantial time in prison, and I accept that three years is within the range of what is appropriate, given all these factors in both directions.

1

The record

Convicted of
Prior convictions
2 prior convictions, 2 violent1
At the time of the offence
Not stated1
Defence asked for
3 years in custody1
Appeal
Not yet checked
Counsel
Crown: A. J. Taylor
Defence: C. L. Hodson

Sources

  1. R. v. T.J.F., 2026 BCSC 1120 Court decision, CanLII, May 29, 2026[9] At the sentencing hearing, both the Crown and the defence agree that a proportionate sentence requires three years' imprisonment in a penitentiary.[9] At the sentencing hearing, both the Crown and the defence agree that a proportionate sentence requires three years' imprisonment in a penitentiary.[27] … He has had two prior sexual assault convictions. The last one was in 1999, so that has been a few decades[36] … I think it is very clear that there does need to be substantial time in prison, and I accept that three years is within the range of what is appropriate, given all these factors in both directions.[48] You will serve a term of imprisonment of three years.
  2. R. v. T.J.F., 2026 BCSC 1120 Court decision, Courts of British Columbia

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