R. v. J.A.H.

R. v. J.A.H.

Offender convicted after trial of prolonged, invasive sexual interference of two step-daughters; high moral blameworthiness due to planning, concealment, manipulation, abuse of position of trust, duration, frequency and invasiveness outweigh limited mitigation (no record, employment, community support) and psychological assessment indicating low risk only if no future access to adolescent females; appropriate individual terms before totality were three years (Count 1) and eight years (Count 2) served consecutively, reduced for totality to three years (Count 1) and seven years (Count 2) consecutive producing a global sentence of ten years imprisonment, with ancillary statutory orders.

Citation
2024 BCSC 260
Parties
Crown: Rex; Accused: J.A.H.; Complainant: G.J.; Complainant: N.J.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
12 February 2024
Procedural Posture
Criminal Sexual Offences Against Children / Sentencing (oral Reasons)
Outcome
Convicted and sentenced to imprisonment; global custodial sentence of 10 years (3 years on Count 1; 7 years on Count 2, consecutive).
Legal Topics
Sexual Interference, Sentencing Principles, Aggravating and Mitigating Factors, Abuse of Trust/position of Authority, Totality Principle, Denunciation and Deterrence, Risk Assessment and Rehabilitation, Collateral Immigration Consequences
Source Language
English
Criminal Law Sexual Offences Family Law/child Protection Sexual Interference Sentencing Principles Aggravating and Mitigating Factors Abuse of Trust/position of Authority Totality Principle +3 more

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Parties

Rex

Crown

J.A.H.

Accused

G.J.

Complainant

N.J.

Complainant

Procedural Posture

Criminal Sexual Offences Against Children / Sentencing (oral Reasons)

Legal Issues

  1. 1 Appropriate sentence for multiple counts of sexual interference of children
  2. 2 Whether sentences should be concurrent or consecutive
  3. 3 Application of Friesen framework emphasizing harm to children

Ratio Decidendi

Offender convicted after trial of prolonged, invasive sexual interference of two step-daughters; high moral blameworthiness due to planning, concealment, manipulation, abuse of position of trust, duration, frequency and invasiveness outweigh limited mitigation (no record, employment, community support) and psychological assessment indicating low risk only if no future access to adolescent females; appropriate individual terms before totality were three years (Count 1) and eight years (Count 2) served consecutively, reduced for totality to three years (Count 1) and seven years (Count 2) consecutive producing a global sentence of ten years imprisonment, with ancillary statutory orders.

Court Disposition

Convicted and sentenced to imprisonment; global custodial sentence of 10 years (3 years on Count 1; 7 years on Count 2, consecutive).

Orders

  • Life registration under the Sex Offender Information Registration Act pursuant to ss. 490.011, 490.012(1) and 490.013(2)(b) of the Criminal Code
  • No contact or communication, direct or indirect, with N.J. or G.J. for duration of custodial sentence pursuant to s. 743.21