Sexual assault with a weapon, threats to a third party or causing bodily harm, Assault causing bodily harm, Forcible confinement
R. v. C.M.F.
A publication ban applies. The offender is not named.
Sentence and the Crown's position
What the law allows
A jury convicted the offender of sexual assault causing bodily harm, assault causing bodily harm and unlawful confinement for a June 2021 attack on a vulnerable 19-year-old in Nanaimo, which included repeated choking. The Crown sought five and a half to seven and a half years; the defence sought four years. Justice Forth imposed six years, less 81 days of credit, citing the offender's high moral blameworthiness, the danger created by the choking, and his lack of remorse.
In the judge's words
1The total sentence calculated is six years. I do not find that this is an unduly harsh and lengthy sentence given the high moral blameworthiness of … actions. In my view, this is a fit sentence considering the violent nature of the assaults, the significant physical danger … created by choking P.A. multiple times, and his complete lack of any remorse for his actions.
The record
- Convicted of
- Sexual assault with a weapon, threats to a third party or causing bodily harm (CC 272)
- Assault causing bodily harm (CC 267(b))
- Forcible confinement (CC 279(2))
- Prior convictions
- Not recorded
- At the time of the offence
- Not stated1
- Defence asked for
- 4 years in custody1
- Appeal
- Not yet checked
- Counsel
- Crown: J. Simpson
Defence: C. Hodson
Sources
- R. v. C.M.F., 2024 BCSC 1740 Court decision, CanLII, September 13, 2024
[3] The Crown seeks a total custodial sentence for all three offences in the range of five-and-a-half to seven-and-a half years
[5] The defence seeks a concurrent sentence of four years' imprisonment for all three offences
[37] Unlawful confinement is an indictable offence punishable by a maximum sentence of ten years. There is no minimum sentence. … [39] Sexual assault causing bodily harm is an indictable offence, punishable by a maximum sentence of fourteen years. In the circumstances of this case, there is no minimum sentence. … [44] Assault causing bodily harm is an indicatable offence punishable by a maximum sentence of ten years. There is no minimum sentence.
[92] … The total sentence calculated is six years. I do not find that this is an unduly harsh and lengthy sentence given the high moral blameworthiness of … actions. In my view, this is a fit sentence considering the violent nature of the assaults, the significant physical danger … created by choking P.A. multiple times, and his complete lack of any remorse for his actions.
[96] I sentence you to imprisonment for a period of six years before consideration of credit for time served. The sentences imposed are: four-and-a-half years for the sexual assault causing bodily harm and two-and-a-half years for the assault causing bodily harm, to be served concurrently. I sentence you to 18 months for the unlawful confinement to be served consecutively. You are entitled to an enhanced credit of 81 days served.
- R. v. C.M.F., 2024 BCSC 1740 Court decision, Courts of British Columbia