Sexual assault, Assault
R. v. B.-Q.
A publication ban applies. The offender is not named.
Sentence and the Crown's position
What the law allows
The offender was convicted after trial of three counts of assault and two counts of sexual assault committed against a former intimate partner between 2019 and 2020. Crown and defence jointly proposed two years less a day in custody followed by two years' probation. Justice Blok accepted the joint submission, imposing concurrent sentences totalling two years less a day plus two years' probation, finding it balanced denunciation and deterrence against rehabilitation given the Gladue factors.
In the judge's words
1However, I agree with both Crown and defence that the proposed sentence reflects an appropriate and proper balance between the sentencing objectives of denunciation and deterrence on the one hand and the rehabilitation of the offender on the other, given the Gladue factors in this case.
The record
- Convicted of
- Sexual assault (CC 271, 2 counts)
- Assault (CC 266, 3 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: A. Buchanan
Defence: D. Sprake
Sources
- R. v. B.-Q., 2023 BCSC 671 Court decision, CanLII, February 27, 2023
[44] The Crown seeks a custodial sentence of two years less a day, plus two years' probation, for the two sexual assault convictions, to be served concurrently, as well as concurrent sentences for the three assaults.
[57] The defence joins the Crown in its position on sentence on each sexual assault conviction of two years less a day imprisonment followed by two years of probation to be served concurrently.
[36] Mr. B. has no criminal record.
[92] … However, I agree with both Crown and defence that the proposed sentence reflects an appropriate and proper balance between the sentencing objectives of denunciation and deterrence on the one hand and the rehabilitation of the offender on the other, given the Gladue factors in this case.
[96] Mr. B., for the offences for which you have been convicted, I impose sentences totalling two years less a day, followed by two years' probation.
- Criminal Code, s. 271 Record, Justice Laws Website
- R. v. B.-Q., 2023 BCSC 671 Court decision, Courts of British Columbia