Sexual assault with a weapon, threats to a third party or causing bodily harm, Assault with a weapon, Assault causing bodily harm, Forcible confinement

R. v. M.E.L.

A publication ban applies. The offender is not named.

  • Below the Crown's ask

Sentence and the Crown's position

Crown asked8 years in custody1
Judge imposedLong-term offender: 7 years less 4 years pre-sentence credit (3 years remaining), then an 8-year long-term supervision order1
1 year less custody than the Crown asked

What the law allows

Maximum14 years
Crown asked8 years in custody
Judge imposed7 years in custody
Defence asked2 years in custody
For sexual assault with a weapon, threats to a third party or causing bodily harm (CC 272), the Criminal Code currently allows up to 14 years, with no mandatory minimum. The sentence imposed is 50% of the maximum. Read the section.

The offender was convicted after trial of sexual assault with a weapon, two counts of unlawful confinement, assault causing bodily harm, assault with a weapon and uttering threats arising from an attack on two people in a Vancouver hotel room. The Crown sought a dangerous offender designation with a determinate sentence of 8 to 10 years and a ten-year long-term supervision order; the defence argued for two years and a five-year order. Justice Winteringham found the dangerous offender criteria were not proven, declared the offender a long-term offender, and imposed seven years less four years of credit for pre-sentence custody, followed by an eight-year long-term supervision order, finding a reasonable possibility of eventual control of the risk in the community.

In the judge's words

However, I have concluded that there is a reasonable possibility of eventual control of the risk in the community. I am also satisfied that a LTSO will adequately protect the public against the commission of a serious personal injury offence.

1

The record

Prior convictions
Not recorded
At the time of the offence
Not stated1
Defence asked for
2 years in custody1
Appeal
Not yet checked
Counsel
Crown: E.Z. Poll
Defence: M.J. Swartz

Sources

  1. R. v. M.E.L., 2022 BCSC 1200 Court decision, CanLII, June 17, 2022[214] The Crown contends that after the Court designates … as a dangerous offender (or a long-term offender), he should be sentenced to a determinate period of incarceration of 8-10 years followed by a ten-year supervision order pursuant to s. 753(4)(b), without credit for time served.If the Court finds … to be a long-term offender, then the Court shall impose a determinate sentence. … submits that two years is a just and fit sentence.[206] … However, I have concluded that there is a reasonable possibility of eventual control of the risk in the community. I am also satisfied that a LTSO will adequately protect the public against the commission of a serious personal injury offence.[230] With respect to the sentence, I have imposed a determinate sentence of seven years less credit for pretrial detention allowing for some enhanced credit. The total amount of time to serve is therefore three years. … I am granting credit of four years. … [208] I am granting a LTSO for eight years.
  2. R. v. M.E.L., 2022 BCSC 1200 Court decision, Courts of British Columbia

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