Sexual assault
R. v. G.D.L.
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 found guilty after trial of sexual assault of his intimate partner, which included choking. The Crown sought two years less a day followed by two years of probation; the defence sought a suspended sentence and three years of probation. Justice Smith imposed one year in custody followed by two years of probation, finding that rehabilitation, the offender's lack of a record and his community support allowed a sentence below the normal range.
In the judge's words
1On the facts of this case, while recognizing that there can be no reasonable alternative to some period of imprisonment, I find the goals of denunciation and deterrence, combined with the goal of rehabilitation, can be met with a sentence below the normal range, provided that it is followed by a period of probation with sufficiently respective restrictive terms.
The record
- Convicted of
- Sexual assault (CC 271)
- Prior convictions
- 0 prior convictions1
- At the time of the offence
- Not stated1
- Defence asked for
- Suspended sentence1
- Appeal
- Not yet checked
- Counsel
- Crown: S. Thomson
Defence: S.S. Atwal
Sources
- R. v. G.D.L., 2022 BCSC 940 Court decision, CanLII, March 25, 2022
[20] The Crown seeks a sentence at the bottom end of the range referred to in G.M., two years less a day, followed by two years probation.
[22] The defence asks for a suspended sentence and three years probation, or in the alternative, a custodial sentence of one year, to be served intermittently, followed by two years probation.
[10] Mr. L. is 28 years old. He has a high school education, a stable family background, and no criminal record.
[38] On the facts of this case, while recognizing that there can be no reasonable alternative to some period of imprisonment, I find the goals of denunciation and deterrence, combined with the goal of rehabilitation, can be met with a sentence below the normal range, provided that it is followed by a period of probation with sufficiently respective restrictive terms.
[40] I therefore sentence you to one year in custody, followed by two years probation.
- Criminal Code, s. 271 Record, Justice Laws Website
- R. v. G.D.L., 2022 BCSC 940 Court decision, Courts of British Columbia