Overcoming resistance to commission of offence (attempting to choke, suffocate or strangle), Sexual assault, Uttering threats to cause death or bodily harm
R. v. T.J.S.
A publication ban applies. The offender is not named.
Sentence and the Crown's position
What the law allows
The offender was convicted after trial of sexual assault, uttering a threat to cause bodily harm, and attempting to choke the complainant to enable a sexual assault; an assault count was stayed. The Crown sought four years of imprisonment and the defence agreed. Justice Coughlan imposed four years in a federal institution, with concurrent sentences on the other counts, noting the sentence was increased to reflect the choking.
In the judge's words
1I sentence you for Count 1 that you committed a sexual assault on … contrary to section 271 of the Criminal Code to a sentence of incarceration for four years to be served in a federal institution. The sentence for Count 1 has been increased to reflect the choking of … by T.J.S. .
The record
- Convicted of
- Overcoming resistance to commission of offence (attempting to choke, suffocate or strangle) (CC 246(a))
- Sexual assault (CC 271)
- Uttering threats to cause death or bodily harm (CC 264.1(1)(a))
- Prior convictions
- 0 prior convictions1
- At the time of the offence
- Not stated1
- Defence asked for
- 4 years in custody1
- Appeal
- Not yet checked
- Counsel
- Crown: Katharine A. Lovett
Defence: Joel E. Pink, Q.C., and George Franklyn
Sources
- https://www.canlii.org/en/ns/nssc/doc/2021/2021nssc328/2021nssc328.html Court decision
[9] The Crown is seeking a period of imprisonment of four years.
[10] The defence agrees the appropriate sentence is four years imprisonment in a federal institution.
[16] A mitigating factor in this case is that T.J.S. does not have a prior criminal record.
[29] I sentence you for Count 1 that you committed a sexual assault on … contrary to section 271 of the Criminal Code to a sentence of incarceration for four years to be served in a federal institution. The sentence for Count 1 has been increased to reflect the choking of … by T.J.S. .
[29] I sentence you for Count 1 that you committed a sexual assault on … contrary to section 271 of the Criminal Code to a sentence of incarceration for four years to be served in a federal institution.
- Criminal Code, s. 271 Record, Justice Laws Website
- R. v. T.J.S., 2021 NSSC 328 Court decision, Courts of Nova Scotia