Sexual assault
R. v. M.A.T.
A publication ban applies. The offender is not named.
Sentence and the Crown's position
What the law allows
The offender pleaded guilty on the day set for trial to sexual assault of an adult complainant in Port Alberni in 2021. Crown and defence jointly proposed two years in a penitentiary followed by three years' probation, and Justice Doyle accepted the joint submission. The judge stressed denunciation and deterrence for a serious sexual assault on a sleeping, vulnerable complainant, and weighed the guilty plea, apologies, sobriety and Gladue factors.
In the judge's words
1This is a serious sexual assault. This is a violation of X.X.'s person. She was a vulnerable person--she was asleep. It is unacceptable, and it is criminal.
The record
- Convicted of
- Sexual assault (CC 271)
- Prior convictions
- Not recorded
- At the time of the offence
- Not stated1
- Defence asked for
- 2 years in custody1
- Appeal
- Not yet checked
- Counsel
- Crown: C.S. Proteau
Defence: M. Ritzker
Sources
- R. v. M.A.T., 2024 BCSC 2355 Court decision, CanLII, October 22, 2024
[3] The Crown and defence presented a joint submission for a sentence of two years in a penitentiary, probation to follow for three years on various conditions, and a number of ancillary orders.
[3] The Crown and defence presented a joint submission for a sentence of two years in a penitentiary, probation to follow for three years on various conditions, and a number of ancillary orders.
[35] This is a serious sexual assault. This is a violation of X.X.'s person. She was a vulnerable person--she was asleep. It is unacceptable, and it is criminal.
[51] For the offence set out in this Indictment, I sentence you to a period of imprisonment of two years in a penitentiary. [52] That two‑year penitentiary sentence will be followed by three years of probation on the following terms.
- Criminal Code, s. 271 Record, Justice Laws Website
- R. v. M.A.T., 2024 BCSC 2355 Court decision, Courts of British Columbia