Sexual assault
R. v. Maligaspe
- Below the Crown's ask
Sentence and the Crown's position
Crown asked8 years in custody1
Judge imposedThree and a half years' imprisonment (3.5 years and 3 years, concurrent)1
1645 days less custody than the Crown asked
What the law allows
Maximum10 years
Crown asked8 years in custody
Judge imposed3 years and 6 months in custody
Defence asked2 years less a day in custody
Nihal Ananda Maligaspe was convicted by a jury of two counts of sexual assault committed between 2003 and 2006 against a much younger relative who lived in his home and depended on him. The Crown sought a global sentence of eight years; the defence sought two years less a day followed by three years of probation. Justice Gropper imposed concurrent sentences totalling three and a half years' imprisonment, citing a significant breach of trust while taking into account his age, lack of a record and remorse.
In the judge's words
1The kind of sentence to be imposed must emphasize deterrence and denunciation and recognize the gravity of the offence and the high moral blameworthiness of the offender.
The record
- Convicted of
- Sexual assault (CC 271, 2 counts)
- Prior convictions
- 0 prior convictions1
- At the time of the offence
- Not stated1
- Defence asked for
- 2 years less a day in custody1
- Appeal
- Not yet checked
- Counsel
- Crown: K. Bouchard
Defence: J. Michi
Sources
- R. v. Maligaspe, 2023 BCSC 1227 Court decision, CanLII, June 2, 2023
[42] The Crown is seeking a global sentence of eight years as well as ancillary orders.
[43] The defence submits that the Court should impose a sentence of two years less a day and place the offender on a period of probation for three years to follow, with conditions in order to address each principle of sentencing set out in the Criminal Code.
[2] Nihal Maligaspe, the offender, is before the Court for sentencing on two counts of historical sexual assaults. He was convicted by a jury on May 6, 2022.
[33] The offender is now 72 years old with no criminal record.
[72] The kind of sentence to be imposed must emphasize deterrence and denunciation and recognize the gravity of the offence and the high moral blameworthiness of the offender.
[90] Based on the authorities that I have provided and considering that the offender is a senior citizen, albeit with no significant health problems, I impose the following sentence on each count: Count 1, three and a half years' imprisonment, and Count 2, three years' imprisonment and, as I have stated, to be served concurrently.
- Criminal Code, s. 271 Record, Justice Laws Website
- R. v. Maligaspe, 2023 BCSC 1227 Court decision, Courts of British Columbia