Sexual assault

R. v. W.F.G.

A publication ban applies. The offender is not named.

  • Below the Crown's ask

Sentence and the Crown's position

Crown asked3 years in custody1
Judge imposed28 months jail; DNA order, lifetime s. 109 prohibition, lifetime SOIRA, non-communication order1
255 days less custody than the Crown asked

What the law allows

Maximum10 years
Crown asked3 years in custody
Judge imposed28 months in custody
Defence asked2 years less a day 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 23% of the maximum. Read the section.

The offender was convicted after trial of sexually assaulting an 18-year-old woman while she was unconscious in January 2019, an assault the judge found breached a position of trust. The Crown sought three to four years in jail; the defence sought two years less a day plus probation. Justice Fitzpatrick imposed 28 months in jail, giving primary consideration to denunciation and deterrence while weighing significant Gladue factors and a previous sexual assault conviction.

In the judge's words

In short, these types of offences are egregious and a message must be sent to the communities in which they are prevalent that such behavior is unacceptable. These women and children, including Aboriginal women and children, deserve no less from our justice system.

1

The record

Convicted of
Prior convictions
Not recorded
At the time of the offence
Not stated1
Defence asked for
2 years less a day in custody1
Appeal
Not yet checked
Counsel
Crown: C.S. Proteau
Defence: C. L. Hodson, F. Wallace

Sources

  1. R. v. W.F.G., 2022 BCSC 1394 Court decision, CanLII, August 10, 2022[33] The Crown seeks a jail sentence of 3-4 years.[34] The defence contends that the applicable range is 12-30 months jail time. Counsel contend that Mr. G should receive a jail sentence of two years less a day, plus probation for two years.[65] In short, these types of offences are egregious and a message must be sent to the communities in which they are prevalent that such behavior is unacceptable. These women and children, including Aboriginal women and children, deserve no less from our justice system.[68] Mr. G., please rise. I sentence you to a 28-month jail term in respect of this sexual assault conviction.
  2. Criminal Code, s. 271 Record, Justice Laws Website
  3. R. v. W.F.G., 2022 BCSC 1394 Court decision, Courts of British Columbia

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