Sexual assault

R. v. C.J.H.

A publication ban applies. The offender is not named.

Sentence and the Crown's position

Crown asked24 months in custody1
Judge imposedTwo years less a day imprisonment, no probation; DNA, SOIRA 20 years, 10-year firearms prohibition1

What the law allows

Maximum10 years
Crown asked24 months in custody
Judge imposed2 years less a day in custody
Defence askedSuspended sentence
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 was found guilty after trial of sexual assault for having intercourse with the complainant while she was asleep. The Crown sought 24 to 30 months in jail; the defence sought a suspended sentence with probation or a 90-day intermittent sentence. Justice Thompson imposed two years less a day of imprisonment, finding it the least sentence that recognized the gravity of the offence, and declined to make it a two-year federal sentence so the offender could stay near family support.

In the judge's words

Putting all appropriate weight in the balance to recognize the fact that you are a first offender, and that this offence was out of character, in my view imprisonment for two years less a day is the least sentence that appropriately recognizes the gravity of the offence and its aggravating features, and the degree of your moral blameworthiness. A lesser sentence would, in my opinion, not be proportionate.

1

The record

Convicted of
Prior convictions
0 prior convictions1
At the time of the offence
Not stated1
Defence asked for
Suspended sentence1
Appeal
Not yet checked
Counsel
Crown: C. Hagen
Defence: P. Firestone

Sources

  1. R. v. C.J.H., 2022 BCSC 665 Court decision, CanLII, January 11, 2022[2] The Crown's position is that a jail sentence in the range of 24 to 30 months is appropriate.[2] … submits that a suspended sentence with strict probation terms or an intermittent 90‑day jail sentence would fulfil the applicable sentencing principles.[1] … Ten years' imprisonment is the maximum sentence; there is no minimum sentence under the Criminal Code.[12] … On the other hand, Mr. … is a first offender; his behaviour was out of character.[21] … Putting all appropriate weight in the balance to recognize the fact that you are a first offender, and that this offence was out of character, in my view imprisonment for two years less a day is the least sentence that appropriately recognizes the gravity of the offence and its aggravating features, and the degree of your moral blameworthiness. A lesser sentence would, in my opinion, not be proportionate.[21] Your sentence is two years less one day.
  2. R. v. C.J.H., 2022 BCSC 665 Court decision, Courts of British Columbia

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