R. v. Porcher

R. v. Porcher

A custodial sentence not to be served in the community of two years less a day (provincial custody), adjusted for 1.5:1 pre-sentence custody credit, is proportionate and sufficient to denounce and deter given the aggravating factors (victim under 18, position of trust, prolonged touching, breach of employer protections, post-offence contact and attempts to subvert justice) while the offender's youth and lack of record permit community-based rehabilitation post-incarceration; ancillary mandatory orders (DNA, SOIRA, weapons prohibition) and a tailored 10-year s.161 prohibition are necessary to protect the victim and the public.

Citation
2025 BCSC 669
Parties
Crown: Rex; Accused: Matthew Arlen Porcher; Complainant: J.R.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
6 March 2025
Procedural Posture
Criminal Sexual Interference/sexual Assault / Sentencing
Outcome
Accused convicted of sexual interference; sentenced to custody of two years less a day (729 days less time served), adjusted for 1.5:1 credit resulting in 570 days remaining custodial; sentence to be fully custodial; three years probation upon release; ancillary orders imposed.
Legal Topics
Sexual Interference, Sexual Assault, Sentencing Principles, Pre Sentence Custody Credit, Collateral Consequences, Ancillary Orders (dna, SOIRA, Weapons Prohibition, S.161)
Source Language
English
Criminal Law Sentencing Child Protection Indigenous Law Sexual Interference Sexual Assault Sentencing Principles Pre Sentence Custody Credit +2 more

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Parties

Rex

Crown

Matthew Arlen Porcher

Accused

J.R.

Complainant

Procedural Posture

Criminal Sexual Interference/sexual Assault / Sentencing

Legal Issues

  1. 1 Appropriate length and type of custodial sentence for sexual interference of a child
  2. 2 Weight of aggravating factors (position of trust, victim vulnerability, duration, breach of employer policies, attempts to subvert justice)
  3. 3 Weight of mitigating factors (youth of offender, lack of prior record, community supports, willingness to participate in counselling)

Ratio Decidendi

A custodial sentence not to be served in the community of two years less a day (provincial custody), adjusted for 1.5:1 pre-sentence custody credit, is proportionate and sufficient to denounce and deter given the aggravating factors (victim under 18, position of trust, prolonged touching, breach of employer protections, post-offence contact and attempts to subvert justice) while the offender's youth and lack of record permit community-based rehabilitation post-incarceration; ancillary mandatory orders (DNA, SOIRA, weapons prohibition) and a tailored 10-year s.161 prohibition are necessary to protect the victim and the public.

Court Disposition

Accused convicted of sexual interference; sentenced to custody of two years less a day (729 days less time served), adjusted for 1.5:1 credit resulting in 570 days remaining custodial; sentence to be fully custodial; three years probation upon release; ancillary orders imposed.

Orders

  • Custodial sentence: 729 days less time served (pre-sentence custody 106 days credited at 1.5:1 = 159 days; remaining custody 570 days) to be served in custody (not a conditional sentence)
  • Probation for three years with conditions: keep the peace and be of good behaviour; appear when required; no contact or communication with the complainant J.R.; not come within 100 metres of any residence, school or workplace of J.R.; report to probation within 48 hours of release and thereafter as directed; provide...