Sexual assault
R. v. O.R.R.
A publication ban applies. The offender is not named.
Sentence and the Crown's position
Crown asked2 years in custody1
Judge imposed2 years in a federal facility1
What the law allows
Maximum10 years
Crown asked2 years in custody
Judge imposed2 years in custody
Defence asked2 years less a day conditional sentence
O.R.R. was convicted of sexual assault. The Crown sought two years in custody and the defence a conditional sentence of two years less a day plus probation. Justice Branch imposed two years in a federal facility, finding nothing exceptional to take the case below the bottom of the usual range.
In the judge's words
1There simply is not enough for me to say that the Offender should benefit from anything beyond a determination that the case deserves to be at the bottom end of the range.
The record
- Convicted of
- Sexual assault (CC 271)
- Prior convictions
- Not recorded
- At the time of the offence
- Not stated1
- Defence asked for
- 2 years less a day conditional sentence1
- Appeal
- Not yet checked
- Counsel
- Crown: T.A. Livingston
Defence: C. McLaughlin
Sources
- R. v. O.R.R., 2023 BCSC 2325 Court decision, CanLII, December 8, 2023
[5] … The Crown proposes a 2-year sentence.
[5] … The defence proposes a Conditional Sentence Order ("CSO") of 2 years less a day, as well as probation.
There simply is not enough for me to say that the Offender should benefit from anything beyond a determination that the case deserves to be at the bottom end of the range.
[16] Sir, could you please stand. I sentence you to a two year term of incarceration in a federal facility for the offence of sexual assault.
- Criminal Code, s. 271 Record, Justice Laws Website
- R. v. O.R.R., 2023 BCSC 2325 Court decision, Courts of British Columbia