Sexual assault of a person under 16
R. v. W.F.
A publication ban applies. The offender is not named.
- Below the Crown's ask
Sentence and the Crown's position
Crown asked10 years in custody1
Judge imposed9 years in custody1
1 year less custody than the Crown asked
What the law allows
Maximum14 years
Crown asked10 years in custody
Judge imposed9 years in custody
Defence asked6 years in custody
Minimum1 year
The offender pleaded guilty on the first day of trial to sexually assaulting a child over about nine years, beginning when she was seven, while in a position of trust and authority over her. The Crown sought 10 to 12 years; the defence sought six years. Justice Ross imposed nine years, placing the case at the more serious end of the spectrum because of the breach of trust, the duration and frequency of the abuse, its invasiveness and threats used to coerce the complainant.
In the judge's words
1Each incident shows a continued and renewed choice by the offender to continue to victimize the child.
The record
- Convicted of
- Sexual assault of a person under 16 (CC 271 U16)
- Prior convictions
- 0 prior convictions1
- At the time of the offence
- Not stated1
- Defence asked for
- 6 years in custody1
- Appeal
- Not yet checked
- Counsel
- Crown: J. Hatherly
Defence: C.G. Johnson
Sources
- R. v. W.F., 2026 BCSC 806 Court decision, CanLII, April 16, 2026
[3] To provide some context for these reasons, the Crown seeks a carceral sentence of 10 to 12 years plus certain ancillary orders.
[3] … The defence submits that a carceral sentence of six years is appropriate on these facts and for this offender.
[15] … is 46 years old. He has no criminal record.
[30] … Each incident shows a continued and renewed choice by the offender to continue to victimize the child.
[48] … I sentence you to nine years in jail on Count 1.
- R. v. W.F., 2026 BCSC 806 Court decision, Courts of British Columbia