R. v. C.R.J.

R. v. C.R.J.

The court accepted the Crown's agreed facts for sentencing under s.724, found six incidents of oral sexual interference over a period of weeks against a 6–7 year old victim by a person in a position of trust, and imposed a global sentence of four and a half years' imprisonment; the offender's risk to reoffend was assessed as below average but still increased relative to the lowest risk cohort, and on the evidence the mandatory 20‑year SOIRA registration was not disapplied — a personal remedy under s.24(1) was denied and SOIRA registration ordered for 20 years.

Citation
2023 BCSC 1151
Parties
Crown: Rex; Accused: C.R.J.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
23 June 2023
Procedural Posture
Criminal Sexual Offence / Sentencing (oral Reasons)
Outcome
Convicted; sentenced to imprisonment and subject to ancillary orders
Legal Topics
Sexual Interference, Sentencing, Risk Assessment, SOIRA Registration, Charter S.7, Victim Impact
Source Language
English
Criminal Law Constitutional Law Sexual Interference Sentencing Risk Assessment SOIRA Registration Charter S.7 Victim Impact

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 5 Authorities cited 21 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

Rex

Crown

C.R.J.

Accused

Procedural Posture

Criminal Sexual Offence / Sentencing (oral Reasons)

Legal Issues

  1. 1 What facts may be accepted for sentencing under s.724 of the Criminal Code
  2. 2 Appropriate sentence for repeated sexual interference of a child given Friesen factors
  3. 3 Assessment of offender's risk to reoffend and weight to give expert evidence

Ratio Decidendi

The court accepted the Crown's agreed facts for sentencing under s.724, found six incidents of oral sexual interference over a period of weeks against a 6–7 year old victim by a person in a position of trust, and imposed a global sentence of four and a half years' imprisonment; the offender's risk to reoffend was assessed as below average but still increased relative to the lowest risk cohort, and on the evidence the mandatory 20‑year SOIRA registration was not disapplied — a personal remedy under s.24(1) was denied and SOIRA registration ordered for 20 years.

Court Disposition

Convicted; sentenced to imprisonment and subject to ancillary orders

Orders

  • Custodial sentence of 4.5 years imprisonment
  • Warrant for Committal endorsed: no contact or communication with victim (I.S.) while in custody (s.743.21(1))