KELOWNA, B.C. – A provincial court judge in British Columbia who wiped away a tear during a victim impact statement in a sexual interference case says she won't recuse herself from sentencing because there's no evidence of bias.

Judge Monica McParland says in her decision that just because a judge demonstrates human compassion, it doesn't mean there's judicial bias.

She says affidavits presented by a defence lawyer who asked her to recuse herself depended on inappropriate opinion and speculation about how she "must have been feeling."

Defence lawyer Jacqueline Halliburn asked the Kelowna judge to recuse herself, saying judges don't cry in every sexual interference case and that she displayed bias when she scoffed at the suggestion of a 90-day intermittent jail term.

Crown prosecutor Angela Ross countered that judges are expected to demonstrate compassion and no scoff was heard on the court recording.

Jeremy Carlson was charged with assault and sexual interference of a person under the age of 16 and later pleaded guilty to sexual interference of a minor.

The Crown has asked for up to 20 months in jail, followed by probation.