36200 K.R.J. v. The Queen (Charter of Rights and Freedoms – Criminal Law – Benefit of the lesser punishment – Sentencing)

On appeal from the judgment of the Court of Appeal for British Columbia. Section 161(1) of the Criminal Code allows prohibition orders against offenders convicted of specified sexual offences committed against persons under the age of 16 years.  The prohibitions that may be ordered are specified in s. 161(1).  KRJ pleaded guilty to offences committed from 2008 to 2011.  On August 9, 2012, s. 161(1) was amended.  KRJ was sentenced in 2013.  The sentencing judge held that the amendments do not operate retrospectively and ordered the prohibitions available under s. 161(1) as it was worded when the offences were committed. The Applicant was sentenced to 6 years imprisonment and 3 years consecutive with prohibitions after release. On October 8, 2014 the Court of Appeal for British Columbia dismissed the Applicant’s appeal from the sentence, allowed the Respondent’s appeal and modified the prohibitions.