Assault
R. v. Rektor
- Below the Crown's ask
Sentence and the Crown's position
What the law allows
James Rektor was convicted after trial of four counts of assault against his then-wife, arising from five incidents between 2016 and 2019, including assaults while she was pregnant and a choking. The Crown sought 42 months in custody and the defence a conditional discharge with two years of probation. Justice Basran imposed consecutive terms totalling 33 months' imprisonment, finding that the conduct had to be condemned with a period of incarceration.
In the judge's words
1In the circumstances of this case, I am not convinced that a sentence in the community, let alone a conditional discharge, is in the public interest and will accomplish the objectives of denunciation and deterrence of intimate partner violence. This conduct must be clearly and unequivocally condemned with a period of incarceration.
The record
Sources
- R. v. Rektor, 2025 BCSC 1217 Court decision, CanLII, June 20, 2025
[16] The Crown seeks a custodial sentence of 42 months.
[2] The Crown submits that three-and-a-half years in jail is the appropriate sentence. The defence seeks a two‑year conditional discharge followed by two years of probation.
[3] In oral reasons for judgment delivered on January 15, 2025, indexed as R. v. Rektor, 2025 BCSC 77 (the "RFJ"), I convicted Mr. Rektor on four counts of assault contrary to s. 266 of the Criminal Code
[15] Mr. Rektor has no criminal record.
[56] In the circumstances of this case, I am not convinced that a sentence in the community, let alone a conditional discharge, is in the public interest and will accomplish the objectives of denunciation and deterrence of intimate partner violence. This conduct must be clearly and unequivocally condemned with a period of incarceration.
[64] The sentences for these four counts are to be served consecutively for a total sentence of 33 months of imprisonment.
- Criminal Code, s. 266 Record, Justice Laws Website
- R. v. Rektor, 2025 BCSC 1217 Court decision, Courts of British Columbia