Sexual assault

R. v. K.R.

A publication ban applies. The offender is not named.

Sentence and the Crown's position

Crown asked2 years less a day in custody1
Judge imposedTwo years less a day in custody (18 months concurrent on the other count), then 3 years probation1

What the law allows

Maximum10 years
Crown asked2 years less a day in custody
Judge imposed2 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 20% of the maximum. Read the section.

The offender pleaded guilty to two counts of sexual assault of two young women he lured to fake modelling auditions through false online casting accounts. The Crown sought concurrent sentences of two years less a day followed by three years of probation; the defence sought six months less a day in custody plus a conditional sentence, citing deportation consequences. Justice Duncan imposed concurrent sentences of 18 months and two years less a day followed by three years of probation, finding a sentence short enough to avoid immigration consequences would be demonstrably unfit.

In the judge's words

Sentences of six months less a day for either of the offences before the court would be demonstrably unfit. Immigration consequences would take over as the primary purpose of the sentence imposed.

1

The record

Convicted of
Prior convictions
0 prior convictions1
At the time of the offence
Not stated1
Appeal
Not yet checked
Counsel
Crown: N.A. Fowlds
Defence: E.R. Delaney

Sources

  1. R. v. K.R., 2022 BCSC 222 Court decision, CanLII, February 9, 2022[5] Crown counsel, Ms. Fowlds, seeks consecutive sentences of two years less one day for each of the two counts, but in recognition of the totality principle, submits that the two sentences of imprisonment should be made concurrent and followed by three years probation, along with several ancillary orders.[85] … entered a guilty plea to these offences, sparing the complainants the ordeal of testifying. He has a supportive family. He sends financial support to his mother and he paid to put some of his siblings through school. He has done volunteer work. He has no criminal record.[106] … Sentences of six months less a day for either of the offences before the court would be demonstrably unfit. Immigration consequences would take over as the primary purpose of the sentence imposed.[115] In summary, I impose a sentence of 18 months imprisonment on Count 1 and two years less a day imprisonment on Count 2. The sentences are to be served concurrently and will be followed by a three-year probation order.
  2. Criminal Code, s. 271 Record, Justice Laws Website
  3. R. v. K.R., 2022 BCSC 222 Court decision, Courts of British Columbia

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