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
What the law allows
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
1However, 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.
The record
- Convicted of
- Sexual assault with a weapon, threats to a third party or causing bodily harm (CC 272)
- Assault with a weapon (CC 267(a))
- Assault causing bodily harm (CC 267(b))
- Forcible confinement (CC 279(2), 2 counts)
- 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
- 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.
- R. v. M.E.L., 2022 BCSC 1200 Court decision, Courts of British Columbia