Sexual assault

R. v. C.R.F.

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 asked2 years in custody1
Judge imposed23 months conditional sentence, 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 imposed23 months 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 19% of the maximum. Read the section.

The offender was found guilty after trial of one count of sexual assault, committed against an intoxicated adult woman at a social gathering. The Crown sought two years in custody. Justice Gibb-Carsley imposed a 23-month conditional sentence with house arrest, followed by three years of probation, citing the offender's lack of a record, remorse, low risk to reoffend, health issues and the need to complete sex offender programming.

In the judge's words

[91] Given C.R.F.'s personal circumstances, I do not conclude that incarceration in a penitentiary is necessary to achieve the objectives of sentencing. Considering the overall circumstances, I find a CSO with appropriately punitive conditions can meet the principles of denunciation and deterrence in the case before me.

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: T. Gamble
Defence: K. Jones

Sources

  1. R. v. C.R.F., 2024 BCSC 853 Court decision, CanLII, April 3, 2024[36] The Crown asks me to impose a two‑year custodial sentence upon C.R.F.He contends, however, that given the totality of circumstances of the offence and the offender, a sentence of two years less a day served in the community, followed by a term of three years of probation, is appropriate. In other words, C.R.F. seeks a conditional sentence order ("CSO").[28] C.R.F. has no criminal record.[91] Given C.R.F.'s personal circumstances, I do not conclude that incarceration in a penitentiary is necessary to achieve the objectives of sentencing. Considering the overall circumstances, I find a CSO with appropriately punitive conditions can meet the principles of denunciation and deterrence in the case before me.[93] On the count of sexual assault contrary to s. 271 of the Criminal Code, I sentence you to a sentence of 23 months to be served in the community with the following conditions: … [97] Accordingly, I will order, pursuant to s. 731 of the Criminal Code, that for a period of three years after the end of your sentence:
  2. Criminal Code, s. 271 Record, Justice Laws Website
  3. R. v. C.R.F., 2024 BCSC 853 Court decision, Courts of British Columbia

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