Sexual interference

R. v. B.T.R.

A publication ban applies. The offender is not named.

  • Below the Crown's ask

Sentence and the Crown's position

Crown asked5 years in custody1
Judge imposed4 years in custody1
1 year less custody than the Crown asked

What the law allows

Maximum14 years
Crown asked5 years in custody
Judge imposed4 years in custody
Defence asked2 years less a day 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 29% of the maximum. Read the section.

The offender was convicted by a jury of sexual interference with a complainant aged 14 to 15, involving four incidents over about three and a half months in 2022; a sexual assault count was conditionally stayed under Kienapple. The Crown sought five years; the defence sought two years less a day followed by three years of probation. Justice Hardwick imposed four years in custody, applying Friesen and giving primary consideration to denunciation and deterrence.

In the judge's words

In my view, the sentence achieves the goals of denunciation and deterrence, reflects the gravity of the offence, and what I consider to be a high degree of moral blameworthiness, while appropriately taking into account all the mitigating factors and other circumstances which have been raised by the defence.

1

The record

Convicted of
Prior convictions
0 prior convictions1
At the time of the offence
Not stated1
Defence asked for
2 years less a day in custody1
Appeal
Not yet checked
Counsel
Crown: C. Cook
Defence: D.M. Melville, J.R. Steele

Sources

  1. R. v. B.T.R., 2026 BCSC 860 Court decision, CanLII, April 27, 2026[58] The Crown submits that a fit sentence for B.T.R. is a custodial sentence of five years, 60 months.[61] The defence position is that B.T.R. should be sentenced to a custodial sentence of two years-less-a-day, followed by three years' probation.[27] B.T.R. comes before the Court as a first-time offender with a well-established, prosocial work history.[95] In my view, the sentence achieves the goals of denunciation and deterrence, reflects the gravity of the offence, and what I consider to be a high degree of moral blameworthiness, while appropriately taking into account all the mitigating factors and other circumstances which have been raised by the defence.[94] After taking all the relevant factors into consideration and considering the law as discussed herein, I sentence you to a custodial sentence of four years, which converted to days to Corrections' Canada purposes is 1,460 days.
  2. R. v. B.T.R., 2026 BCSC 860 Court decision, Courts of British Columbia

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