Sentence Watch

Break and enter a dwelling-house, Sexual assault

R. v. R.D.L.W.

A publication ban applies. The offender is not named.

Crown asked6 years in custody1
Judge imposed6 years concurrent on both counts, less 449 days pre-sentence credit1

What the law allows

MaximumLife imprisonment
Crown asked6 years in custody
Judge imposed6 years in custody
Defence asked4 years in custody
For break and enter a dwelling-house (CC 348(1)(d)), the Criminal Code currently allows up to life imprisonment, with no mandatory minimum. Life is drawn at 25 years for scale. Read the section.

A jury found the offender guilty of breaking and entering a dwelling and committing sexual assault, and of sexual assault, for a 2021 incident in Port Hardy. The Crown sought six to eight years and the defence four to five and a half years; Justice Brongers imposed six years on each count, concurrent, less 449 days of pre-sentence credit. The judge gave primary weight to denunciation and deterrence for a sexual assault following a home invasion and to the offender's extensive record, while accounting for Gladue factors and his expression of remorse.

In the judge's words

The reason for this is because the trauma of unwanted sexual contact is compounded when it occurs following a home invasion in the sanctity of one's residence.

1

The record

Convicted of
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: B. Ward, J.D.M. Petty
Defence: T.L. Spettigue

More cases by The Honourable Justice Jan Brongers

  1. May 1, 2026
    R. v. A.D.E., 2026 BCSC 948Sexual assault, Victoria
    • Below the Crown's ask
    3 years imprisonment less 204 days pre-sentence credit
  2. October 16, 2025
    R. v. Bentil, 2025 BCSC 2116Second degree murder, Vancouver
    • Below the Crown's ask
    Life imprisonment, no parole for 10 years
  3. June 19, 2025
    R. v. A.R.A., 2025 BCSC 1296Sexual assault, Vancouver
    3 years in custody, consecutive to a sentence already being served
  4. January 30, 2025
    R. v. C.A.N., 2025 BCSC 255Sexual assault, Nanaimo
    3 years' imprisonment

All cases by The Honourable Justice Jan Brongers (6)

More break and enter a dwelling-house cases

  1. May 27, 2026
    R. v. Durando, 2026 BCSC 988Break and enter a dwelling-house, Terrace. Justice Jennifer M.I. Duncan
    33.5 months before credit (2 years less a day after 285 days' credit), then 3 years probation
  2. May 14, 2026
    R. v. Henry, 2026 BCSC 1107Uttering threats to cause death or bodily harm; Pointing a firearm; Reckless discharge of a firearm; Dangerous operation of a conveyance; Break and enter a dwelling-house, Kamloops. Justice K. Michael Stephens
    • Below the Crown's ask
    • On release at the time
    6 years imprisonment on all counts, concurrent
  3. April 13, 2026
    R. v. Maxwell, 2026 BCSC 774Dangerous operation of a conveyance; Break and enter a dwelling-house; Possession of property obtained by crime over $5,000; Disguise with intent to commit an indictable offence, Vernon. Justice Gary P. Weatherill
    5 years custody (977 days credit, 848 days remaining); 12 months concurrent on each other count
  4. February 9, 2026
    R. v. D.A.D., 2026 NSSC 25Arson causing damage to property; Break and enter a dwelling-house; Indignity to human remains, Wolfville. Justice Jamie S. Campbell
    4.5 years in custody (3 years break and enter, 18 months consecutive for indignity to human remains, 18 months concurrent for arson), less 32 days' credit

All break and enter a dwelling-house cases (17)

More from the Supreme Court of British Columbia

  1. September 18, 2026
    R v Alves, 2026 BCSC 1792Possession of a Schedule I or II substance for the purpose of trafficking; Production of a Schedule I or II substance; Possession of anything for use in producing or trafficking a controlled substance, Maple Ridge. Justice Terence A. Schultes
    3 years' imprisonment on counts 1 and 2 and 2 years on count 3, concurrent
  2. September 15, 2026
    R. v. C.S.M., 2026 BCSC 1770Manslaughter, Coquitlam. Justice David M. Layton
    2 years and 99 days in custody, less 99 days credit (2 years remaining)
  3. September 11, 2026
    R. v. Dansereau, 2026 BCSC 1781Possession of a loaded prohibited or restricted firearm; Possession of a Schedule I or II substance for the purpose of trafficking; Possession of a weapon contrary to a prohibition order, Rossland. Justice Jacqueline D. Hughes
    5 years in custody (3.5 years firearm, concurrent 24 months drug, plus 1.5 years consecutive for breach of weapons prohibition), less 978 days credit
  4. September 11, 2026
    R v Stuart, 2026 BCSC 1783Aggravated assault, Vancouver. Justice Elin Sigurdson
    • Below the Crown's ask
    • No jail for a violent offence
    Two years less one day conditional sentence (201 days credited), followed by probation

All cases from the Supreme Court of British Columbia (520)

Sources

  1. R. v. R.D.L.W., 2024 BCSC 1821 Court decision, CanLII, September 19, 2024[44] Counsel for the Crown takes the position that the duration of … custodial sentence should be from six to eight years for each of the two counts for which he was convicted[49] Accordingly, counsel for the defence urges the court to sentence … to a custodial sentence of between four years and five and a half years for each count on which he was convicted, to be served concurrently.[52] The reason for this is because the trauma of unwanted sexual contact is compounded when it occurs following a home invasion in the sanctity of one's residence.[83] I sentence you to imprisonment for a period of six years. … [84] You will receive credit for 449 days towards this sentence … 365 times six is 2,190 days, minus 449, means a total sentence of 1,741 days.
  2. Criminal Code, s. 348 Record, Justice Laws Website
  3. R. v. R.D.L.W., 2024 BCSC 1821 Court decision, Courts of British Columbia

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