Sexual assault
R. v. Barnes
- Below the Crown's ask
Sentence and the Crown's position
What the law allows
Rhos Barnes was convicted by a jury of sexually assaulting a woman who was unconscious or severely intoxicated at his office in Squamish in November 2020. The Crown sought four years in jail; the defence sought 2 years to 30 months followed by probation. Justice Mayer found the assault predatory and his responsibility very high but declined to impose the length sought by the Crown, sentencing him to three years' incarceration less 591 days of remaining pre-sentence credit, followed by two years of probation.
In the judge's words
1His degree of responsibility is very high. In the circumstances, the application of the proportionality principle weighs in favour of a severe sentence, although I am not prepared to impose the length of sentence sought by the Crown in this case.
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 in custody1
- Appeal
- Not yet checked
- Counsel
- Crown: E. Poll
Defence: N.M. Brar
Sources
- R. v. Barnes, 2022 BCSC 2073 Court decision, CanLII, September 15, 2022
[21] The maximum sentence for sexual assault is 10 years. The Crown seeks a four‑year jail term.
[24] Mr. Barnes submits that a sentence of 2 years to 30 months, with various conditions of release, that is while on probation, would be appropriate.
[2] Rhos Barnes was convicted by a jury of a sexual assault of
[55] … His degree of responsibility is very high. In the circumstances, the application of the proportionality principle weighs in favour of a severe sentence, although I am not prepared to impose the length of sentence sought by the Crown in this case.
[58] THE COURT: All right. Please stand then, sir. For the reasons that I have expressed, I sentence you to a period of three years' incarceration. … [64] Mr. Barnes, you are entitled to be credited the remaining 591 days, which will result, and I so order, that you be incarcerated for a further period of 504 days. … [73] … I order that Mr. Barnes be subject to a two‑year period of probation after his release from detention.
- Criminal Code, s. 271 Record, Justice Laws Website
- R. v. Barnes, 2022 BCSC 2073 Court decision, Courts of British Columbia