Sexual assault
R. v. F.M.
A publication ban applies. The offender is not named.
- Below the Crown's ask
- No jail for a violent offence
Sentence and the Crown's position
A conditional sentence is served in the community, usually under house arrest. It counts as no custody here.
What the law allows
After a trial, the offender was convicted of sexual assault for sexually touching the complainant after she withdrew consent and while she was intoxicated and at times unconscious. The Crown sought two and a half years' imprisonment; the defence sought a conditional sentence. Justice Edelmann imposed an 18-month conditional sentence followed by 12 months of probation, citing the offender's serious health issues, very low risk to reoffend and lack of a criminal record, and granted an exemption from SOIRA registration.
In the judge's words
1Considering the overall circumstances, I find that a CSO with appropriately punitive conditions can meet the principles of denunciation and deterrence in the case before me.
The record
- Convicted of
- Sexual assault (CC 271)
- Prior convictions
- 0 prior convictions1
- At the time of the offence
- Not stated1
- Appeal
- Not yet checked
- Counsel
- Crown: M. Myhre
Defence: M. Nohra
Sources
- R. v. F.M., 2024 BCSC 121 Court decision, CanLII, January 10, 2024
[27] The Crown submits that a sentence of two and a half years' imprisonment is an appropriate sentence,
[19] … does not have a criminal record and has significant support in the community.
[43] … Considering the overall circumstances, I find that a CSO with appropriately punitive conditions can meet the principles of denunciation and deterrence in the case before me.
[44] …, I am sentencing you to a term of imprisonment of 18 months to be served in the community. … [49] I will also impose a term of probation to follow the conditional sentence order. The term of probation will be for 12 months
- Criminal Code, s. 271 Record, Justice Laws Website
- R. v. F.M., 2024 BCSC 121 Court decision, Courts of British Columbia