Assault causing bodily harm, Sexual assault

R. v. A.G.

A publication ban applies. The offender is not named.

  • On release at the time

Sentence and the Crown's position

Crown asked3 years in custody1
Judge imposed3 years in jail (less 740 days' credit), 6 months concurrent, then 2 years probation1

What the law allows

Maximum10 years
Crown asked3 years in custody
Judge imposed3 years in custody
Defence asked3 years in custody
For assault causing bodily harm (CC 267(b)), 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.

The offender pleaded guilty during a jury trial to one count of assault causing bodily harm and one count of sexual assault involving two complainants. Crown and defence jointly proposed three years in jail followed by two years of probation. Justice Gropper accepted the joint submission, imposing three years on the sexual assault with six months concurrent on the assault, less 740 days' credit, followed by two years of probation, finding the sentence close to the range in the authorities provided.

In the judge's words

The sentence proposed by the parties is not a departure from the sentencing authorities. It is close to the range of sentences in the cases that have been provided to me.

1

The record

Convicted of
Prior convictions
Not recorded
At the time of the offence
On bail1
Defence asked for
3 years in custody1
Appeal
Not yet checked
Counsel
Crown: J. Marin, M. Mason
Defence: C. Paquette, D. Ferguson

Sources

  1. R. v. A.G., 2024 BCSC 2475 Court decision, CanLII, November 7, 2024[3] Crown and defence have made a joint submission on sentence: three years jail to be followed by a period of probation of two years.[3] Crown and defence have made a joint submission on sentence: three years jail to be followed by a period of probation of two years.[42] I agree with the Crown that it is highly aggravating that … was on bail for the A.H. matter when he committed the assaults on S.G.[46] The sentence proposed by the parties is not a departure from the sentencing authorities. It is close to the range of sentences in the cases that have been provided to me.[49] I sentence you to a sentence of three years in jail, less credit for time served on Count 7; and a sentence of six months to be served concurrently on Count 6, less time served. … He is to be credited at a ratio of 1.5 to one, and that is 740 days. A three year sentence involves 1,095 days.
  2. Criminal Code, s. 271 Record, Justice Laws Website
  3. R. v. A.G., 2024 BCSC 2475 Court decision, Courts of British Columbia

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