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

R. v. T.E.C.

A publication ban applies. The offender is not named.

Sentence and the Crown's position

Crown asked2 years less a day in custody1
Judge imposedTwo years less a day in jail, then 36 months probation1

What the law allows

Maximum14 years
Crown asked2 years less a day in custody
Judge imposed2 years less a day 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 14% of the maximum. Read the section.

The offender was convicted after trial of sexual assault with choking and sexual assault causing bodily harm, for continuing violent sexual activity in August 2021 after the complainant revoked her consent; a third count of assault by choking was conditionally stayed. The Crown and defence agreed on two years less a day in jail plus three years of probation, differing only on a sex offender registry order. Justice Blok accepted the joint position, imposed two years less a day followed by 36 months of probation, and made a 20-year SOIRA order.

In the judge's words

I agree with some of the factors submitted by the Crown as tending to show the offences were more serious within the general category of sexual assaults, those being the additional physical violence and physical injury and the persistence in the face of communicated non‑consent.

1

The record

Prior convictions
Not recorded
At the time of the offence
Not stated1
Defence asked for
2 years less a day in custody1
Appeal
Not yet checked
Counsel
Crown: V. Yip and A. Lee
Defence: B. Movassaghi

Sources

  1. R. v. T.E.C., 2025 BCSC 1200 Court decision, CanLII, February 11, 2025[20] Crown and defence agree that a fit sentence here is a jail sentence of two years less a day plus three years probation. They differ only on the SOIRA order.[20] Crown and defence agree that a fit sentence here is a jail sentence of two years less a day plus three years probation. They differ only on the SOIRA order.[36] I agree with some of the factors submitted by the Crown as tending to show the offences were more serious within the general category of sexual assaults, those being the additional physical violence and physical injury and the persistence in the face of communicated non‑consent.[45] T.E.C. for the offences for which you have been convicted, Counts 1 and 2, because Count 3 has now been conditionally stayed, I sentence you to a period of incarceration of two years less a day followed by a 36‑month probation order.
  2. Criminal Code, s. 272 Record, Justice Laws Website
  3. R. v. T.E.C., 2025 BCSC 1200 Court decision, Courts of British Columbia

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