Sexual assault of a person under 16

R. v. P.S.K.

A publication ban applies. The offender is not named.

  • Below the Crown's ask

Sentence and the Crown's position

Crown asked6 years in custody1
Judge imposed4 years imprisonment1
2 years less custody than the Crown asked

What the law allows

Maximum14 years
Crown asked6 years in custody
Judge imposed4 years in custody
Defence asked4 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 29% of the maximum. Read the section.

The offender was convicted after trial of sexual assault of a child, committed repeatedly between 1997 and 2002 while he was in a position of trust towards her. The Crown sought six years in custody; amicus curiae proposed four years. Justice Maisonville imposed four years of imprisonment, saying a sentence in the range of five to six years may have been appropriate but reducing it because of the offender's age of 80.

In the judge's words

However, I am mindful of his age and the other issues that I have mentioned. While an appropriate sentence may have been in the range of five to six years, as a consequence of his age, an appropriate and fit sentence is four years incarceration.

1

The record

Convicted of
Prior convictions
0 prior convictions1
At the time of the offence
Not stated1
Defence asked for
4 years in custody1
Appeal
Not yet checked
Counsel
Crown: M. LeHouillier
Defence: C. Senini (amicus curiae); offender self-represented

Sources

  1. R. v. P.S.K., 2026 BCSC 1293 Court decision, CanLII, June 18, 2026[24] The Crown submits that a fit sentence for Mr. … is six years incarceration[26] Amicus curiae, Ms. Senini, for Mr. … submits that an appropriate sentence, given his age of 80 years, is four years.[18] Mr. … has no prior criminal record.[74] However, I am mindful of his age and the other issues that I have mentioned. While an appropriate sentence may have been in the range of five to six years, as a consequence of his age, an appropriate and fit sentence is four years incarceration.[74] However, I am mindful of his age and the other issues that I have mentioned. While an appropriate sentence may have been in the range of five to six years, as a consequence of his age, an appropriate and fit sentence is four years incarceration.
  2. R. v. P.S.K., 2026 BCSC 1293 Court decision, Courts of British Columbia

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