Sexual assault
R. v. Miles
Sentence and the Crown's position
Crown asked4 years in custody1
Judge imposed5 years in custody, less 320 days enhanced credit (1,505 days remaining)1
What the law allows
Maximum10 years
Crown asked4 years in custody
Judge imposed5 years in custody
Defence asked3 years in custody
Bryan John Miles was convicted after a judge-alone trial of sexually assaulting a 17-year-old in Osoyoos in 2021. The Crown sought four to five years in custody and the defence three to four years. Justice Hardwick imposed five years in custody, less 320 days of enhanced credit for pre-sentence custody, applying the Friesen framework for sexual offences against young persons.
In the judge's words
1That said, as a general starting point, I return to the point I addressed earlier in Friesen that "[m]id‑single‑digit penitentiary terms for sexual offences against children are normal, and that upper‑digit and double‑digit penitentiary terms should neither be unusual nor reserved for exceptional cases": see Friesen at para. 114.
The record
- Convicted of
- Sexual assault (CC 271)
- Prior convictions
- 17 prior convictions, 3 violent1
- At the time of the offence
- Not stated1
- Defence asked for
- 3 years in custody1
- Appeal
- Not yet checked
- Counsel
- Crown: A. Vandersluys
Defence: I. Currie
Sources
- R. v. Miles, 2026 BCSC 1544 Court decision, CanLII, July 21, 2026
[41] The Crown submits that a fit sentence for Mr. Miles is a custodial sentence of four to five years (prior to his application for enhanced credit as set forth above).
[43] The defence concedes that a custodial federal sentence is appropriate for Mr. Miles The defence submits an appropriate sentence in all the circumstances is in the range of three to four years (again before the application Mr. Miles is entitled to for enhanced credit).
Bryan John Miles, on or about the 27th day of July, 2021, at or near Osoyoos, in the Province of British Columbia, did sexually assault A.V., contrary to Section 271 of the Criminal Code.
[17] Mr. Miles does have a criminal record, entered as Exhibit 2 for the purposes of sentencing. It lists 17 total offences with a notable break in offending behaviour during the period from 2002 to 2016 … [18] Mr. Miles's record, importantly, does not include any prior convictions for any offences of a sexual nature. It is primarily comprised of three assault convictions (these being assaults of a non-sexual nature); two convictions for what are colloquially known as impaired driving offences; six theft convictions; one mischief conviction; and six convictions for breaches of release conditions or probation conditions.
[63] That said, as a general starting point, I return to the point I addressed earlier in Friesen that "[m]id‑single‑digit penitentiary terms for sexual offences against children are normal, and that upper‑digit and double‑digit penitentiary terms should neither be unusual nor reserved for exceptional cases": see Friesen at para. 114.
[67] After taking into account all of the relevant factors and considering the law as I have discussed herein, I sentence you to a custodial sentence of five years which I convert for Corrections Canada purposes to be 1,825 days. … [68] You are, however, entitled to 320 days of enhanced credit which means your remaining sentence is 1,505 days.
- Criminal Code, s. 271 Record, Justice Laws Website
- R. v. Miles, 2026 BCSC 1544 Court decision, Courts of British Columbia