R. v. Grasdal-Hessler

R. v. Grasdal-Hessler

The court accepted the joint submission and imposed a three year custodial sentence because the sentence falls within the applicable range for penile-vaginal penetration (2–6 years), appropriately balances aggravating factors (penetration, intoxication of a 15-year-old victim, risk of reoffending) and mitigating factors (guilty plea, lack of record, youth), and the joint sentence does not bring the administration of justice into disrepute; ancillary orders (DNA, SOIRA 20 years, s.109 weapons prohibition, s.161 five year restrictions, sample taking, no-contact order during custody, forwarding reports to CSC) were justified and tailored to minimize risk.

Citation
2025 BCSC 2313
Parties
Crown: Rex; Accused: Zachary Grasdal-Hessler; Victim: A.R.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
20 November 2025
Procedural Posture
Criminal Sexual Interference (s.151 Criminal Code) / Sentencing Oral Reasons
Outcome
Accused pleaded guilty to sexual interference (s.151) and was sentenced to three years imprisonment; ancillary orders imposed as stated below.
Legal Topics
Sexual Interference, Sentencing Principles, S.161 Protective Orders, SOIRA Registration, DNA Order, Weapons Prohibition, Publication Ban
Source Language
English

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Parties

Rex

Crown

Zachary Grasdal-Hessler

Accused

A.R.

Victim

Procedural Posture

Criminal Sexual Interference (s.151 Criminal Code) / Sentencing Oral Reasons

  1. 1 Whether to accept the joint submission for a three year custodial sentence
  2. 2 Appropriate sentence for sexual interference involving penile-vaginal penetration of a person under 16
  3. 3 Application of s.718.01 (denunciation and deterrence) to child sexual offences

Ratio Decidendi

The court accepted the joint submission and imposed a three year custodial sentence because the sentence falls within the applicable range for penile-vaginal penetration (2–6 years), appropriately balances aggravating factors (penetration, intoxication of a 15-year-old victim, risk of reoffending) and mitigating factors (guilty plea, lack of record, youth), and the joint sentence does not bring the administration of justice into disrepute; ancillary orders (DNA, SOIRA 20 years, s.109 weapons prohibition, s.161 five year restrictions, sample taking, no-contact order during custody, forwarding reports to CSC) were justified and tailored to minimize risk.

Court Disposition

Accused pleaded guilty to sexual interference (s.151) and was sentenced to three years imprisonment; ancillary orders imposed as stated below.

Orders

  • Custody: 3 years' imprisonment
  • Authorization to take bodily substances under s.487.051(1) while in custody