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
What the law allows
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
1In 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.
The record
- Convicted of
- Sexual assault (CC 271)
- 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
- 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.
- Criminal Code, s. 271 Record, Justice Laws Website
- R. v. W.F.G., 2022 BCSC 1394 Court decision, Courts of British Columbia