Sentence Watch

Sexual assault

R. v. M.K.M.

A publication ban applies. The offender is not named.

  • Below the Crown's ask
  • No jail for a violent offence
Crown asked2 years in custody1
Judge imposedTwo years less a day conditional sentence (including house arrest), then 3 years probation1
2 years less custody than the Crown asked

A conditional sentence is served in the community, usually under house arrest. It counts as no custody here.

What the law allows

Maximum10 years
Crown asked2 years in custody
Judge imposed2 years less a day conditional sentence
Defence asked2 years less a day conditional sentence
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 was convicted after trial of sexually assaulting a friend while she was intoxicated and drifting in and out of consciousness. The Crown sought two years' imprisonment followed by probation; the defence sought a conditional sentence of two years less a day. Justice Donegan imposed a conditional sentence of two years less a day with house arrest, followed by three years' probation, finding his moral blameworthiness reduced by Gladue factors and that he posed a low risk to reoffend. The judge also exempted him from sex offender registration.

In the judge's words

I am satisfied, in this unique case, that a CSO would be consistent with the fundamental purpose and principles of sentencing.

1

The record

Convicted of
Prior convictions
0 prior convictions1
At the time of the offence
Not stated1
Defence asked for
2 years less a day conditional sentence1
Appeal
Not yet checked
Counsel
Crown: L.A. Drake
Defence: J. Killoran

More cases by The Honourable Justice Sheri A. Donegan

  1. July 18, 2024
    R. v. Z.C., 2024 BCSC 1485Trafficking in a Schedule I or II substance; Possession of a Schedule I or II substance for the purpose of trafficking; Conspiracy to commit an indictable offence, Kamloops
    12 years in custody (global, concurrent sentences)
  2. May 31, 2024
    R. v. Howse, 2024 BCSC 1204Manslaughter, Vernon
    • Below the Crown's ask
    Five years imprisonment less 1,220 days credit (605 days remaining), then three years probation
  3. December 8, 2023
    R. v. J.A.C., 2023 BCSC 2309Possession of a Schedule I or II substance for the purpose of trafficking, Kamloops
    4 years imprisonment (joint submission)
  4. November 7, 2023
    R. v. Sanford, 2023 BCSC 1956Manslaughter, Kamloops
    • Below the Crown's ask
    4 years imprisonment, less 321 days credit for pre-sentence custody (1,139 days remaining)

All cases by The Honourable Justice Sheri A. Donegan (8)

More sexual assault cases

  1. September 4, 2026
    R. v. C.O., 2026 BCSC 1859Sexual assault; Voyeurism, Vancouver. Justice Christopher W. Greenwood
    • Below the Crown's ask
    3 years 6 months for sexual assault plus 6 months consecutive for voyeurism (4 years total)
  2. September 3, 2026
    R. v. T.R.S., 2026 BCSC 1726Sexual assault, New Westminster. Justice Baljinder Kaur Girn
    • Below the Crown's ask
    2 years in custody (9 months and 15 months consecutive)
  3. August 10, 2026
    R. v. M.E.G., 2026 BCSC 1676Sexual assault; Forcible confinement, Vancouver. Justice Alan M. Ross
    10 years' incarceration on each count, concurrent, less 323 days' pre-sentence credit
  4. July 31, 2026
    R. v. A.M., 2026 NSSC 262Sexual assault, Sydney. Justice D. Shane Russell
    • Below the Crown's ask
    4 years in custody (2 years consecutive on each of 2 counts), less 1,412 days remand credit; 49 days remaining

All sexual assault cases (97)

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)

More cases in Kamloops

  1. July 10, 2026
    R. v. Aldridge, 2026 BCSC 1574Aggravated assault. Justice Bradford F. Smith
    • Below the Crown's ask
    4 and a half years in custody, less 417 days credit
  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. Justice K. Michael Stephens
    • Below the Crown's ask
    • On release at the time
    6 years imprisonment on all counts, concurrent
  3. May 1, 2026
    R. v. F.J.J., 2026 BCSC 971Sexual interference. Justice Lorianna Bennett
    • Below the Crown's ask
    4 and a half years in custody
  4. April 28, 2026
    R. v. Hupe, 2026 BCSC 1240Perjury. Justice Lorianna Bennett
    2 years less a day conditional sentence (6 months house arrest, then curfew)

All cases in Kamloops (29)

Sources

  1. R. v. M.K.M., 2024 BCSC 575 Court decision, CanLII, January 24, 2024[54] The Crown submits that a proportionate sentence in this case is two years imprisonment followed by a lengthy period of probation.[56] The defence submits that a two‑year‑less‑a‑day CSO, followed by three years probation is a proportionate sentence in this case.[85] There is no mandatory minimum sentence[63] M.K.M. is a young man with no prior criminal record.[88] I am satisfied, in this unique case, that a CSO would be consistent with the fundamental purpose and principles of sentencing.[90] I sentence you to two years less a day imprisonment to be served as a CSO, followed by three years probation.
  2. R. v. M.K.M., 2024 BCSC 575 Court decision, Courts of British Columbia

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