Sexual interference

R. v. R.T.

A publication ban applies. The offender is not named.

  • Below the Crown's ask

Sentence and the Crown's position

Crown asked4 years and 6 months in custody1
Judge imposed2 years in a penitentiary, then 3 years probation1
2 years and 6 months less custody than the Crown asked

What the law allows

Maximum14 years
Crown asked4 years and 6 months in custody
Judge imposed2 years in custody
Defence asked2 years in custody
Minimum1 year
For sexual interference (CC 151), 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 14% of the maximum. Read the section.

The offender was convicted by a jury of sexual interference with a child; a sexual assault conviction on the same facts was conditionally stayed. The Crown sought four-and-a-half years of imprisonment and the defence two years. Justice Hoffman imposed two years in a penitentiary followed by three years of probation, citing Indigenous sentencing considerations, the offender's lack of a prior record and his serious health conditions.

In the judge's words

Having considered R.T.' personal circumstances, the Indigenous sentencing factors, his significant health challenges, and the aggravating features of the offence, including the victim's vulnerability and R.T.' position of trust as well as the harm caused to the victim, I am satisfied that a custodial sentence is required. Balancing all factors, I conclude that a sentence of two years is fit.

1

The record

Convicted of
Prior convictions
0 prior convictions1
At the time of the offence
Not stated1
Defence asked for
2 years in custody1
Appeal
Not yet checked
Counsel
Crown: S. Thomson
Defence: P.R. Derksen

Sources

  1. R. v. R.T., 2026 BCSC 1767 Court decision, CanLII, August 7, 2026[3] The Crown takes the position that an appropriate sentence for the s. 151 conviction considering the relevant sentencing principles and relevant caselaw is four-and-a-half years of imprisonment.[3] … The defence takes the position that a sentence of two years is fit.[12] … R.T. has no previous criminal record and has never been the subject of any protection order.[30] … Having considered R.T.' personal circumstances, the Indigenous sentencing factors, his significant health challenges, and the aggravating features of the offence, including the victim's vulnerability and R.T.' position of trust as well as the harm caused to the victim, I am satisfied that a custodial sentence is required. Balancing all factors, I conclude that a sentence of two years is fit.[33] I sentence you to a two-year sentence to be served in the penitentiary. … [59] THE COURT: Okay. I am going to make a three-year probation order with the following terms.
  2. R. v. R.T., 2026 BCSC 1767 Court decision, Courts of British Columbia

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