R. v. F.M.

R. v. F.M.

Applying the Supreme Court's guidance in Friesen and considering aggravating factors (very young victims, abuse of trust, repeated and prolonged digital and other sexual touching, significant and ongoing victim harm) and a moderate risk of reoffending, a severe sentence was required; the court imposed 5 years and 3 years standing alone but reduced for totality to an overall global sentence of 6 years, implemented as 4 years on Count 1 and 2 years on Count 2, with ancillary orders including DNA, lifetime SOIRA and 10‑year s.161 restrictions.

Citation
2020 BCSC 1884
Parties
Crown: Regina; Accused: F.M.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
29 October 2020
Procedural Posture
Criminal / Sentencing
Outcome
Accused sentenced to imprisonment: 4 years on Count 1 and 2 years on Count 2, to be served consecutively, total 6 years
Legal Topics
Sexual Interference, Position of Trust, Sentencing Principles, Totality Principle, Ancillary Orders, Victim Impact
Source Language
English
Criminal Law Sexual Offences Child Protection Sentencing Law Sexual Interference Position of Trust Sentencing Principles Totality Principle +2 more

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Parties

Regina

Crown

F.M.

Accused

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for touching a person under 16 contrary to s.151 Criminal Code
  2. 2 Application of R. v. Friesen sentencing framework
  3. 3 Assessment of aggravating and mitigating factors (age, position of trust, duration, repetition, harm)

Ratio Decidendi

Applying the Supreme Court's guidance in Friesen and considering aggravating factors (very young victims, abuse of trust, repeated and prolonged digital and other sexual touching, significant and ongoing victim harm) and a moderate risk of reoffending, a severe sentence was required; the court imposed 5 years and 3 years standing alone but reduced for totality to an overall global sentence of 6 years, implemented as 4 years on Count 1 and 2 years on Count 2, with ancillary orders including DNA, lifetime SOIRA and 10‑year s.161 restrictions.

Court Disposition

Accused sentenced to imprisonment: 4 years on Count 1 and 2 years on Count 2, to be served consecutively, total 6 years

Orders

  • Non‑communication order during custodial period with T.E., I.M., and M.M. (s. 743.21)
  • DNA order pursuant to s. 487.05(1)