Sexual assault

R. v. B.G.E.B.

A publication ban applies. The offender is not named.

  • Below the Crown's ask
  • No jail for a violent offence

Sentence and the Crown's position

Crown asked4 years in custody1
Judge imposedTwo years less a day conditional sentence (18 months concurrent on the other count), then 3 years probation1
4 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 asked4 years in custody
Judge imposed2 years less a day conditional sentence
Defence asked2 years 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.

A jury convicted the offender of two counts of sexual assault of an adult complainant in 2019 and 2020. The Crown sought four years in custody; the defence sought a conditional sentence of two years followed by probation. Justice Brundrett imposed a conditional sentence of two years less a day, with nine months of house arrest, followed by three years of probation, finding that head injuries had played a causal role in the offending and that the offender was a very young adult with no prior record.

In the judge's words

In addition, I am satisfied in the unique circumstances of this case (where the offender's concussion history played a causal role in his offending) that the prerequisites for a conditional sentence are met in this case, in that the service of the sentence in the community would not endanger the safety of the community and would be consistent with the fundamental purpose and principles of sentencing set out in ss. 718 to 718.2 of the Code.

1

The record

Convicted of
Prior convictions
0 prior convictions1
At the time of the offence
Not stated1
Defence asked for
2 years conditional sentence1
Appeal
Not yet checked
Counsel
Crown: J.L. Cameron
Defence: S.J. Roy

Sources

  1. R. v. B.G.E.B., 2024 BCSC 660 Court decision, CanLII, February 7, 2024[4] The Crown is seeking a global sentence of four years, comprising three years on Count 1 (the more serious and later offence) and 12 months served consecutively on Count 2 (the earlier offence).[5] The defence is seeking a conditional sentence. Counsel suggests a sentence of two years to be followed by a three-year probation order with appropriate conditions.the offender does not have any prior record. He has had no history of negative police involvement before or after the offence.[73] … In addition, I am satisfied in the unique circumstances of this case (where the offender's concussion history played a causal role in his offending) that the prerequisites for a conditional sentence are met in this case, in that the service of the sentence in the community would not endanger the safety of the community and would be consistent with the fundamental purpose and principles of sentencing set out in ss. 718 to 718.2 of the Code.[76] I sentence you as follows: on Count 2, a conditional sentence of 18 months, and on Count 1, a conditional sentence of two years less a day, concurrent with Count 2. Both will be followed by a probation order. … [83] The conditional sentence will be followed by a three-year probation order to commence upon expiry of the conditional sentence order with the following terms:
  2. Criminal Code, s. 271 Record, Justice Laws Website
  3. R. v. B.G.E.B., 2024 BCSC 660 Court decision, Courts of British Columbia

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