Sexual assault
R. v. A.A.
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 convicted by a jury of sexually assaulting an intoxicated complainant who lacked the capacity to consent, in Vancouver in April 2019. The Crown sought three years in custody; the defence sought 18 months to two years less a day, with consideration of a conditional sentence. Justice Basran imposed 21 months in custody followed by three years of probation, finding that a conditional sentence could not adequately achieve deterrence and denunciation.
In the judge's words
1[90] I am not satisfied that this is a case in which deterrence and denunciation can be adequately achieved via a CSO because Mr. … had unprotected sexual intercourse with a victim who lacked the capacity to consent because of her advanced state of intoxication. … In my view, these circumstances necessitate a custodial sentence.
The record
- Convicted of
- Sexual assault (CC 271)
- Prior convictions
- 0 prior convictions1
- At the time of the offence
- Not stated1
- Defence asked for
- 18 months in custody1
- Appeal
- Not yet checked
- Counsel
- Crown: P.F. Sebellin
Defence: A. Glouberman
Sources
- R. v. A.A., 2023 BCSC 482 Court decision, CanLII, March 14, 2023
[62] The position of the Crown on sentence is that Mr. … should be sentenced to three years in custody for the offence of sexual assault contrary to s. 271 of the Code.
[69] The defence opposes the Crown's position of a three‑year sentence of incarceration. Defence counsel submits that a custodial sentence of 18 months to two years less a day, with consideration of a conditional sentence order ("CSO") is the appropriate sentence
[51] Prior to his conviction, Mr. … had no criminal record in Ireland or Canada. He is a first‑time offender.
[90] I am not satisfied that this is a case in which deterrence and denunciation can be adequately achieved via a CSO because Mr. … had unprotected sexual intercourse with a victim who lacked the capacity to consent because of her advanced state of intoxication. … In my view, these circumstances necessitate a custodial sentence.
[92] On the charge of sexual assault of … contrary to s. 271 of the Code, count 1 of the indictment, I impose a custodial sentence of 21 months and three years' probation.
- Criminal Code, s. 271 Record, Justice Laws Website
- R. v. A.A., 2023 BCSC 482 Court decision, Courts of British Columbia