Sexual interference

R v KJB-R

A publication ban applies. The offender is not named.

  • Below the Crown's ask

Sentence and the Crown's position

Crown asked7 years in custody1
Judge imposed6 years imprisonment in a federal penitentiary1
1 year less custody than the Crown asked

What the law allows

Maximum14 years
Crown asked7 years in custody
Judge imposed6 years in custody
Minimum1 year struck down
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 that courts have struck down as unconstitutional. The sentence imposed is 43% of the maximum. Read the section.

The offender pleaded guilty to one count of sexual interference with a child under 16, committed weekly over about twenty months. The Crown sought seven years in a federal institution; the defence sought a conditional sentence or, alternatively, no more than four years. Judge Atwood imposed six years of imprisonment, placing the case at the lower end of a 7 to 9 year range because of the offender's lack of record, guilty plea and modestly reduced moral culpability.

In the judge's words

Situating Mr B-R’s case at the lower end of the 7-9-year range (given his lack of record and eventual guilty plea on his twenty-fourth appearance), and recognizing Mr B-R’s reduced level of moral culpability, the Court imposes a 6-year term of imprisonment in a federal institution.

1

The record

Convicted of
Prior convictions
0 prior convictions1
At the time of the offence
Not stated1
Mandatory minimum
Found unconstitutional or not applied under a binding ruling1
Appeal
Not yet checked
Counsel
Crown: Paul Drysdale
Defence: Robert Sutherland

Sources

  1. R v KJB-R, 2026 NSPC 22 Court decision, CanLII, May 26, 2026[2] The prosecution seeks a sentence of seven years in a federal institution, along with ancillary orders.[30] The one-year mandatory-minimum penalty was found unconstitutional in R v Hood, 2018 NSCA 18 [Hood], aff’g 2016 NSPC 78.[10] Mr B-R is 25 years of age. He has no criminal record.[65] Situating Mr B-R’s case at the lower end of the 7-9-year range (given his lack of record and eventual guilty plea on his twenty-fourth appearance), and recognizing Mr B-R’s reduced level of moral culpability, the Court imposes a 6-year term of imprisonment in a federal institution.[4] For the reasons that follow, I sentence Mr B-R to a term of imprisonment of six years, to be served in a federal penitentiary.
  2. R v KJB-R, 2026 NSPC 22 Court decision, Courts of Nova Scotia

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