Sexual assault
R. v. M.T.H.
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 one count of sexual assault committed in Vancouver in December 2019. The Crown sought two and one-half years in custody; the defence sought 16 months to two years less a day, served as a conditional sentence. Justice Skolrood imposed 22 months' imprisonment followed by two years' probation, finding that the offender's lack of a criminal record, long employment history and compliance with bail supported a sentence below the usual range, and declined to order a conditional sentence. He also exempted the offender from sex offender registration under s. 24(1) of the Charter.
In the judge's words
1[29] General deterrence is significant, given the all‑too‑prevalent occurrence of sexual assaults in our society. … These factors support a sentence below the range identified in G.M. … [30] Taking account of all of the circumstances, I find that a fit sentence is 22 months' imprisonment, followed by a period of two years' probation.
The record
- Convicted of
- Sexual assault (CC 271)
- Prior convictions
- 0 prior convictions1
- At the time of the offence
- Not stated1
- Defence asked for
- 16 months conditional sentence1
- Appeal
- Not yet checked
- Counsel
- Crown: M. Myhre
Defence: R.A. McConchie
Sources
- R. v. M.T.H., 2023 BCSC 933 Court decision, CanLII, January 6, 2023
[22] The Crown submits that a custodial sentence of two and one‑half years is a fit and proportionate sentence for …
[24] … submits that a sentence in the range of 16 months to two years less a day is appropriate, and that the sentence should be served in the community by way of a conditional sentence order.
[19] Mitigating circumstances include: … is a first‑time offender with no prior criminal record or arrests;
[29] General deterrence is significant, given the all‑too‑prevalent occurrence of sexual assaults in our society. … These factors support a sentence below the range identified in G.M. … [30] Taking account of all of the circumstances, I find that a fit sentence is 22 months' imprisonment, followed by a period of two years' probation.
[61] On the charge of sexual assault of which you have been convicted, I sentence you to imprisonment for a period of 22 months, followed by a period of probation of two years.
- Criminal Code, s. 271 Record, Justice Laws Website
- R. v. M.T.H., 2023 BCSC 933 Court decision, Courts of British Columbia