R. v. F.C.M.

R. v. F.C.M.

Given the gravity of sexual interference with a seven‑year‑old in circumstances of trust and significant harm to the child, and applying the modern approach to sentencing for child sexual violence post‑Friesen and G.J.M., a custodial sentence of 4.5 years (1,620 days) is proportionate; the offender is entitled to...

Source-derived case information.

Citation
2025 BCSC 2665
Parties
Crown: Rex; Accused: F.C.M.; Victim: K.A.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
5 December 2025
Procedural Posture
Criminal Sexual Offences / Sentencing (oral Reasons)
Outcome
Offender sentenced to 4 years 6 months imprisonment (1,620 days); judicial stay entered on one sexual assault count under Kienapple; credit for presentence custody granted at 1.5 days per day (246 days) reducing new time to 1,374 days.
Legal Topics
Sexual Assault, Sexual Interference, Sentencing, Publication Ban, DNA Sampling, Sex Offender Registration, Remand Credit, Deportation
Source Language
english
Criminal Law Immigration Law Sexual Assault Sexual Interference Sentencing Publication Ban DNA Sampling Sex Offender Registration +2 more

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Parties

Rex

Crown

F.C.M.

Accused

K.A.

Victim

Procedural Posture

Criminal Sexual Offences / Sentencing (oral Reasons)

Legal Issues

  1. 1 Appropriate quantum of sentence for sexual offences against a child post‑Friesen
  2. 2 Whether to grant enhanced credit for presentence custody
  3. 3 Application of Kienapple to enter a judicial stay on one count

Ratio Decidendi

Given the gravity of sexual interference with a seven‑year‑old in circumstances of trust and significant harm to the child, and applying the modern approach to sentencing for child sexual violence post‑Friesen and G.J.M., a custodial sentence of 4.5 years (1,620 days) is proportionate; the offender is entitled to enhanced remand credit at 1.5 days per day for 164 days (246 days total credit), resulting in 1,374 days of additional custody to be served, and ancillary statutory orders (DNA sampling, SOIRA registration, firearm prohibitions, proximity and no‑contact orders) are appropriate and lawful.

Court Disposition

Offender sentenced to 4 years 6 months imprisonment (1,620 days); judicial stay entered on one sexual assault count under Kienapple; credit for presentence custody granted at 1.5 days per day (246 days) reducing new time to 1,374 days.

Orders

  • Sentence of imprisonment: 4 years 6 months (1,620 days)
  • Credit for pre‑sentence custody: 1.5 days per day for 164 days = 246 days credit