Assault

R. v. Rektor

  • Below the Crown's ask

Sentence and the Crown's position

Crown asked42 months in custody1
Judge imposed33 months in custody (consecutive terms on four counts)1
9 months less custody than the Crown asked

What the law allows

Maximum5 years
Crown asked42 months in custody
Judge imposed33 months in custody
Defence askedDischarge
For assault (CC 266), the Criminal Code currently allows up to 5 years when the Crown proceeds by indictment, with no mandatory minimum. The sentence imposed is 54% of the maximum. Read the section.

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

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.

1

The record

Convicted of
Prior convictions
0 prior convictions1
At the time of the offence
Not stated1
Defence asked for
Discharge1
Appeal
Not yet checked
Counsel
Crown: C.J. Rezansoff
Defence: M.A. Patterson

Sources

  1. 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.
  2. Criminal Code, s. 266 Record, Justice Laws Website
  3. R. v. Rektor, 2025 BCSC 1217 Court decision, Courts of British Columbia

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