Sexual assault

R. v. M.A.T.

A publication ban applies. The offender is not named.

Sentence and the Crown's position

Crown asked2 years in custody1
Judge imposed2 years in a penitentiary, then 3 years probation1

What the law allows

Maximum10 years
Crown asked2 years in custody
Judge imposed2 years in custody
Defence asked2 years 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 20% of the maximum. Read the section.

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

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.

1

The record

Convicted of
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

  1. 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.
  2. Criminal Code, s. 271 Record, Justice Laws Website
  3. R. v. M.A.T., 2024 BCSC 2355 Court decision, Courts of British Columbia

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