Sexual assault
R. v. T.S.G.S.
A publication ban applies. The offender is not named.
Sentence and the Crown's position
Crown asked30 months in custody1
Judge imposed30 months imprisonment1
What the law allows
Maximum10 years
Crown asked30 months in custody
Judge imposed30 months in custody
Defence asked2 years less a day in custody
Following a trial, the offender was convicted of sexually assaulting a sleeping complainant who had earlier refused his advances. The Crown sought 30 to 36 months of imprisonment; the defence sought two years less a day followed by three years of probation. Justice Girn imposed 30 months of imprisonment, finding the gravity of the offence and the offender's degree of responsibility high.
In the judge's words
1[88] In all of the circumstances, the proportionality principle weighs in favour of a sentence that is not on the lower range of sentencing for sexual assault offences.
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 in custody1
- Appeal
- Not yet checked
- Counsel
- Crown: S.E. Firestone
Defence: J. Killoran
Sources
- R. v. T.S.G.S., 2023 BCSC 2216 Court decision, CanLII, November 1, 2023
[6] The maximum sentence for this offence is 14 years. The Crown seeks a sentence in the range of 30 - 36 months imprisonment, plus mandatory ancillary orders.
[70] … submits that a sentence of two years less a day followed by a period of probation for three years is an appropriate sentence in the circumstances.
[90] To his credit … has no prior criminal record and he is a contributing member of society who has support from his girlfriend and friends.
[88] In all of the circumstances, the proportionality principle weighs in favour of a sentence that is not on the lower range of sentencing for sexual assault offences.
[122] I sentence you to 30 months incarceration for sexual assault.
- Criminal Code, s. 271 Record, Justice Laws Website
- R. v. T.S.G.S., 2023 BCSC 2216 Court decision, Courts of British Columbia