Sexual interference, Sexual assault with a weapon, threats to a third party or causing bodily harm
R. v. A.S.K.
A publication ban applies. The offender is not named.
- Below the Crown's ask
Sentence and the Crown's position
What the law allows
The offender was convicted of three counts of sexual interference and one count of sexual assault with a weapon, committed about 20 years earlier against four children. The Crown sought five to seven years in custody; the defence sought a conditional sentence of two years less a day. Justice Blok imposed a global sentence of three and a half years in jail, finding that a conditional sentence would not adequately denounce the sexual assault with a weapon.
In the judge's words
1Although the sentencing principles of denunciation and deterrence can be satisfied by a conditional sentence in many cases, the circumstances of the sexual assault with a weapon offence in this case, in particular, cause me to conclude that a conditional sentence would not be adequate to denounce this offender's conduct.
The record
- Convicted of
- Sexual interference (CC 151, 3 counts)
- Sexual assault with a weapon, threats to a third party or causing bodily harm (CC 272)
- Prior convictions
- 0 prior convictions1
- At the time of the offence
- Not stated1
- Defence asked for
- 2 years less a day conditional sentence1
- Appeal
- Not yet checked
- Counsel
- Crown: M. Cissell
Defence: N. Jacob
Sources
- https://www.canlii.org/en/bc/bcsc/doc/2021/2021bcsc1976/2021bcsc1976.html Court decision
[32] In sum, the Crown sought a sentence in the range of five to seven years, and opposed a conditional sentence order.
[39] Defence counsel submits a conditional sentence of two years less a day on strict conditions, together with three years' probation, is an appropriate sentence here.
[36] The Crown said the only mitigating factor is the absence of any criminal record.
[88] Although the sentencing principles of denunciation and deterrence can be satisfied by a conditional sentence in many cases, the circumstances of the sexual assault with a weapon offence in this case, in particular, cause me to conclude that a conditional sentence would not be adequate to denounce this offender's conduct.
[95] Taking all of these matters into account and all of the circumstances generally, I conclude that an appropriate global sentence here is three and a half years in jail. … [98] The sentences will be entered as follows: on Count 1, 18 months; on Count 4, seven months; on Count 6, seven months; and on Count 8, 10 months.
- R. v. A.S.K., 2021 BCSC 1976 Court decision, Courts of British Columbia