Sexual interference

R. v. F.J.J.

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 and a half years in custody1
185 days less custody than the Crown asked

What the law allows

Maximum14 years
Crown asked5 years in custody
Judge imposed4 years and 6 months in custody
Defence asked30 months 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 32% of the maximum. Read the section.

The offender was convicted after trial of sexual interference with a 15-year-old girl with a disability, towards whom he was in a position of trust, in 2023. The Crown sought five years in custody and the defence 30 months. Justice Bennett imposed four and a half years in custody, citing the gravity of the offence, the victim's particular vulnerability and a high degree of moral blameworthiness.

In the judge's words

In my view, this sentence achieves the goal of denunciation and deterrence and reflects the gravity of your offence, the vulnerability of this victim, and what I consider to be a high degree of moral blameworthiness. It also takes into account the other aggravating and mitigating factors that I have described in these reasons.

1

The record

Convicted of
Prior convictions
Not recorded
At the time of the offence
Not stated1
Defence asked for
30 months in custody1
Appeal
Not yet checked
Counsel
Crown: K.P. Melnyk
Defence: J. Killoran

Sources

  1. R. v. F.J.J., 2026 BCSC 971 Court decision, CanLII, May 1, 2026[4] The Crown seeks a custodial sentence of five years[6] Defence submits that 30 months is a more appropriate jail sentence.[65] In my view, this sentence achieves the goal of denunciation and deterrence and reflects the gravity of your offence, the vulnerability of this victim, and what I consider to be a high degree of moral blameworthiness. It also takes into account the other aggravating and mitigating factors that I have described in these reasons.[64] After taking all of the relevant factors into consideration, I sentence you to four-and-a-half years in custody.
  2. R. v. F.J.J., 2026 BCSC 971 Court decision, Courts of British Columbia

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