Sexual assault

R. v. R.L.

A publication ban applies. The offender is not named.

Sentence and the Crown's position

Crown asked2 years in custody1
Judge imposed24 months jail (consecutive terms on six counts), then 36 months probation1

What the law allows

Maximum10 years
Crown asked2 years in custody
Judge imposed2 years in custody
Defence asked18 months conditional 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 pleaded guilty to six counts of sexual assault involving 12 women who came to him for massage sessions between 2018 and 2020. The Crown sought two years in jail followed by three years of probation; the defence asked for a conditional sentence of 18 months to two years less a day. Justice Caldwell imposed consecutive jail terms totalling 24 months, followed by 36 months of probation, finding that denunciation and deterrence must be the primary focus where an offender exploited a position of trust over vulnerable victims.

In the judge's words

I agree with the authorities that conclude that in situations such as the present, where the offences involve vulnerable victims and an offender who was in and exploited a position of trust relative to those victims, the primary focus on sentencing must be denunciation and deterrence.

1

The record

Convicted of
Prior convictions
0 prior convictions1
At the time of the offence
Not stated1
Defence asked for
18 months conditional sentence1
Appeal
Not yet checked
Counsel
Crown: T.M.M. Roy
Defence: W.M. Finch, K.C.

Sources

  1. R. v. R.L., 2023 BCSC 2154 Court decision, CanLII, November 2, 2023[42] The Crown seeks a term of imprisonment of two years plus a three‑year term of probation with statutory terms[43] … They submit, however, that it would be more appropriate in the range of 18 months to two years less a day, but that it should be served as a conditional sentence, known in general terms as "house arrest", rather than in a prison or penitentiary setting.[33] As noted, … has no criminal record.[68] I agree with the authorities that conclude that in situations such as the present, where the offences involve vulnerable victims and an offender who was in and exploited a position of trust relative to those victims, the primary focus on sentencing must be denunciation and deterrence.[75] Accordingly, the total jail sentence is, as suggested by Crown counsel, 24 months or two years. … [77] In addition to this term of imprisonment, I impose a 36‑month term of probation to follow your release, sir.
  2. Criminal Code, s. 271 Record, Justice Laws Website
  3. R. v. R.L., 2023 BCSC 2154 Court decision, Courts of British Columbia

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