Sexual assault
R. v. I.Z.J.
A publication ban applies. The offender is not named.
Sentence and the Crown's position
Crown asked30 months in custody1
Judge imposed3 years imprisonment1
What the law allows
Maximum10 years
Crown asked30 months in custody
Judge imposed3 years in custody
Defence asked2 years less a day conditional sentence
The offender was convicted after trial of sexually assaulting a complainant who was too intoxicated to consent. The Crown sought 30 to 36 months of imprisonment, and the defence sought a conditional sentence of two years less a day. Justice Warren imposed three years of imprisonment, finding the offender's conduct predatory and that deterrence and denunciation required a custodial sentence despite the immigration consequences.
In the judge's words
1In these circumstances, a CSO, even with the strictest conditions available, would not properly reflect society's condemnation.
The record
- Convicted of
- Sexual assault (CC 271)
- Prior convictions
- 0 prior convictions1
- At the time of the offence
- Not stated1
- Defence asked for
- 2 years less a day conditional sentence1
- Appeal
- Not yet checked
- Counsel
- Crown: J.P. Hermanson
Defence: M.R. Shapray, M. Beckett
Sources
- R. v. I.Z.J., 2022 BCSC 467 Court decision, CanLII, February 25, 2022
[43] As I have said, the Crown seeks a sentence of between 30 and 36 months imprisonment.
[47] As I said, Mr. … seeks a conditional sentence of two years less a day followed by a probationary term of between 24 and 36 months or, in the alternative, a sentence of between 18 months and two years less a day imprisonment, followed by 18 months probation.
[30] As noted, the offence of sexual assault carries with it a maximum sentence of 10 years' imprisonment. There is no minimum.
[17] Mr. … has no criminal record.
[77] … In these circumstances, a CSO, even with the strictest conditions available, would not properly reflect society's condemnation.
[80] For the reasons I have expressed, I sentence you to three years' incarceration.
- R. v. I.Z.J., 2022 BCSC 467 Court decision, Courts of British Columbia