Sexual assault

R. v. J.W.H.

A publication ban applies. The offender is not named.

  • Below the Crown's ask

Sentence and the Crown's position

Crown asked4 years in custody1
Judge imposed3 years in prison, less 45 days credit for pre-sentence custody1
1 year less custody than the Crown asked

What the law allows

Maximum10 years
Crown asked4 years in custody
Judge imposed3 years in custody
Defence asked1 year in custody
For sexual assault (CC 271), the Criminal Code currently allows up to 10 years when the Crown proceeds by indictment, with no mandatory minimum. The sentence imposed is 30% of the maximum. Read the section.

A jury convicted the offender of one count of sexual assault of an adult complainant who was asleep when the assault began. The Crown sought four years of incarceration and the defence sought one year followed by two years of probation. Justice Weatherill imposed three years' imprisonment, less 45 days of credit, saying appellate authority requires a significant penitentiary sentence for first-time offenders who commit this kind of offence.

In the judge's words

I will do so in your case not only because the appellate authority requires it, but also because I consider it a fit and proper sentence in your case given all the circumstances. Giving you the benefit of every consideration you are entitled to and using as much restraint as I can muster, I sentence you to a period of three years' imprisonment.

1

The record

Convicted of
Prior convictions
0 prior convictions1
At the time of the offence
Not stated1
Defence asked for
1 year in custody1
Appeal
Not yet checked
Counsel
Crown: J. Hatherly
Defence: S. Tessmer

Sources

  1. R. v. J.W.H., 2024 BCSC 1307 Court decision, CanLII, July 2, 2024[42] The Crown here seeks a period of incarceration of four years.[42] The Crown here seeks a period of incarceration of four years. Mr. Tessmer, while acknowledging that any sexual assault without consent is serious, argues for a period of incarceration of one year with two years' probation to follow.[22] He has no prior convictions. This is his first offence.[45] I will do so in your case not only because the appellate authority requires it, but also because I consider it a fit and proper sentence in your case given all the circumstances. Giving you the benefit of every consideration you are entitled to and using as much restraint as I can muster, I sentence you to a period of three years' imprisonment.[45] I will do so in your case not only because the appellate authority requires it, but also because I consider it a fit and proper sentence in your case given all the circumstances. Giving you the benefit of every consideration you are entitled to and using as much restraint as I can muster, I sentence you to a period of three years' imprisonment. … [57] THE COURT: Thirty days? All right. So, at one-and-a-half times, it is 45 days will be deducted from the 36 months.
  2. Criminal Code, s. 271 Record, Justice Laws Website
  3. R. v. J.W.H., 2024 BCSC 1307 Court decision, Courts of British Columbia

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