Sexual assault with a weapon, threats to a third party or causing bodily harm

R. v. H.C.E.

A publication ban applies. The offender is not named.

Sentence and the Crown's position

Crown asked3 years in custody1
Judge imposed3 years and 8 months in custody, less 138 days credit1

What the law allows

Maximum14 years
Crown asked3 years in custody
Judge imposed3 years and 8 months in custody
Defence asked2 years less a day in custody
For sexual assault with a weapon, threats to a third party or causing bodily harm (CC 272), the Criminal Code currently allows up to 14 years, with no mandatory minimum. The sentence imposed is 26% of the maximum. Read the section.

A jury convicted the offender of sexual assault while choking, suffocating or strangling the complainant; he was acquitted of uttering threats. The Crown sought three to four years in custody and the defence sought two years less a day followed by probation. Justice Forth imposed three years and eight months in custody, less 138 days of credit, citing the high level of violence, the serious harm to the complainant and the offender's lack of insight.

In the judge's words

[68] The choking and suffocating acts themselves are serious. The act of attempting to cut off her oxygen could have resulted in serious personal injury to the complainant.

1

The record

Prior convictions
0 prior convictions1
At the time of the offence
Not stated1
Defence asked for
2 years less a day in custody1
Appeal
Not yet checked
Counsel
Crown: C.C. Fisher
Defence: D. McKay

Sources

  1. R. v. H.C.E., 2024 BCSC 917 Court decision, CanLII, May 21, 2024[3] The Crown seeks a custodial sentence in the range of three to four years[4] The defence seeks a sentence of two years less a day, followed by two years of probation.[37] Pursuant to s. 272(2)(b) of the Code, committing sexual assault while choking, suffocating, or strangling, is an indictable offence punishable by a maximum sentence of fourteen years. In the circumstances of this case, there is no minimum sentence.[52] I find the following mitigating factors. … He has no criminal record.[68] The choking and suffocating acts themselves are serious. The act of attempting to cut off her oxygen could have resulted in serious personal injury to the complainant.[73] I sentence you to imprisonment for a period of three years and eight months. You are entitled to a credit for 92 days at a 1.5 rate which amounts to 138 days.
  2. R. v. H.C.E., 2024 BCSC 917 Court decision, Courts of British Columbia

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