Break and enter a dwelling-house, Sexual assault
R. v. C.S.
A publication ban applies. The offender is not named.
- Below the Crown's ask
- On release at the time
Sentence and the Crown's position
What the law allows
The offender was convicted after trial of breaking and entering a dwelling house and committing sexual assault, for a 2001 home invasion in which he sexually assaulted the complainant in her bed. The Crown sought a global sentence of 11 years; the defence sought three and a half years. Justice Iyer imposed five years imprisonment on each count, concurrent, citing deterrence and denunciation as paramount in home invasions and sexual assaults while noting the offender had not been convicted of any offence since 2016.
In the judge's words
1Bearing in mind that deterrence and denunciation are paramount sentencing considerations in home invasions and sexual assaults, I consider a proportionate global sentence in this case to be five years imprisonment with the same term for each offence.
The record
- Convicted of
- Break and enter a dwelling-house (CC 348(1)(d))
- Sexual assault (CC 271)
- Prior convictions
- Not recorded
- At the time of the offence
- On probation1
- Defence asked for
- 3 years and 6 months in custody1
- Appeal
- Not yet checked
- Counsel
- Crown: K.H. Gagnon
Defence: M. Vayeghan
Sources
- R. v. C.S., 2024 BCSC 922 Court decision, CanLII, April 30, 2024
[18] The Crown seeks a global sentence of 11 years imprisonment with eight years for the sexual assault and 11 years for the break and enter.
[17] The parties agree that the sentence for each offence should be served concurrently. [18] … The defence seeks three-and-a-half years for each offence.
[25] … The present circumstances were committed while … was on probation.
[39] Bearing in mind that deterrence and denunciation are paramount sentencing considerations in home invasions and sexual assaults, I consider a proportionate global sentence in this case to be five years imprisonment with the same term for each offence.
[42] I sentence you to five years imprisonment for breaking and entering a dwelling house and committing an indictable offence contrary to s. 348(1)(d) of the Code; and five years imprisonment for sexual assault contrary to s. 271 of the Code; to be served concurrently.
- Criminal Code, s. 271 Record, Justice Laws Website
- R. v. C.S., 2024 BCSC 922 Court decision, Courts of British Columbia