Sexual assault, Forcible confinement, Uttering threats to cause death or bodily harm, Assault

R. v. C.A.J.

A publication ban applies. The offender is not named.

  • Below the Crown's ask
  • On release at the time

Sentence and the Crown's position

Crown asked4 years and 6 months in custody1
Judge imposed3 years on sexual assault (other counts concurrent), less 500 days pre-sentence credit, then 18 months probation1
1 year and 6 months less custody than the Crown asked

What the law allows

Maximum10 years
Crown asked4 years and 6 months in custody
Judge imposed3 years in custody
Defence asked2 years and 6 months in custody
For sexual assault (CC 271), the Criminal Code currently allows up to 10 years when the Crown proceeds by indictment, with no mandatory minimum. The sentence imposed is 30% of the maximum. Read the section.

The offender was convicted after trial of sexual assault, unlawful confinement, assault and uttering threats against the complainant. The Crown sought a global sentence of 4.5 years; the defence sought 2.5 years followed by probation. Justice Milman imposed three years less 500 days of pre-sentence credit, followed by 18 months of probation, finding that the effects of intergenerational trauma reduced the offender's moral culpability.

In the judge's words

Foremost among them is the difficult background that I have heard about, particularly the effects of intergenerational trauma which I accept is operating in this case to reduce the moral culpability of C.A.J. for these offences.

1

The record

Convicted of
Prior convictions
Not recorded
At the time of the offence
On probation1
Defence asked for
2 years and 6 months in custody1
Appeal
Not yet checked
Counsel
Crown: H.J. Shook
Defence: A.J. Lagemaat

Sources

  1. R. v. C.A.J., 2021 BCSC 2147 Court decision, CanLII, September 20, 2021[2] … The Crown seeks a global sentence of 4.5 years comprised of a sentence of 3.5 years on Count 4, which is the sexual assault charge, and a consecutive sentence of one year on Count 2, which is the unlawful confinement charge, with shorter concurrent sentences of between four and six months on each of Count 3 and 4.[3] The defence argues that the appropriate sentence would be 2.5 years on the sexual assault charge, number four, and eight months on the unlawful confinement charge, number two, to be served concurrently. In addition, defence counsel suggests that I impose a period of probation of two years, during which, in addition to the mandatory terms, C.A.J. is to attend for forensic counselling.[17] Another factor is that C.A.J. was on probation subject to a no-contact order that he violated in committing the offence, although I am mindful of the fact that it was R.C. who came to see him on that day and so I do not place great stress on that particular factor.[18] … Foremost among them is the difficult background that I have heard about, particularly the effects of intergenerational trauma which I accept is operating in this case to reduce the moral culpability of C.A.J. for these offences.[2] … The Crown acknowledges that C.A.J. is entitled to a credit of 500 days for the time he has already served on these offences. … [24] I am sentencing you on Count 4, which is the sexual assault count, to a period of three years less time served which leaves an outstanding sentence of 595 days, by my calculation. … [27] In addition, I am imposing a period of probation that will last 18 months to begin following the end of your custody sentence with the following terms.
  2. Criminal Code, s. 271 Record, Justice Laws Website
  3. R. v. C.A.J., 2021 BCSC 2147 Court decision, Courts of British Columbia

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