Assault by choking, suffocating or strangling, Sexual assault
R. v. G.J.L.
A publication ban applies. The offender is not named.
- Below the Crown's ask
Sentence and the Crown's position
What the law allows
After a trial, the offender was found guilty of sexual assault and assault by choking. The Crown sought three years in custody and the defence a conditional sentence of two years less a day followed by three years' probation. Justice Smith imposed 27 months in a federal penitentiary, finding that a sentence under two years would not adequately address denunciation and deterrence, so a conditional sentence was not available. The judge declined to make a SOIRA order.
In the judge's words
1In my view, a sentence below the low end of the range would not be a fit sentence. In particular, I am not satisfied that a sentence of less than two years' imprisonment would adequately account for the sentencing principles of denunciation and deterrence. As I am not satisfied that a sentence of less than two years would be a fit sentence, a conditional sentence order is not available.
The record
- Convicted of
- Assault by choking, suffocating or strangling (CC 267(c))
- Sexual assault (CC 271)
- Prior convictions
- 0 prior convictions1
- At the time of the offence
- Not stated1
- Defence asked for
- 2 years less a day conditional sentence1
- Appeal
- Not yet checked
- Counsel
- Crown: C. Cook
Defence: J. Michi
Sources
- R. v. G.J.L., 2025 BCSC 1288 Court decision, CanLII, June 20, 2025
[9] Crown submits a fit sentence is three years in jail on Count 1 with a concurrent sentence of six months on Count 2.
[10] Defence submits there should be a conditional sentence of two years less a day followed by three years' probation.
[18] There are also mitigating circumstances. Mr. … does not have a criminal record.
[23] … In my view, a sentence below the low end of the range would not be a fit sentence. In particular, I am not satisfied that a sentence of less than two years' imprisonment would adequately account for the sentencing principles of denunciation and deterrence. As I am not satisfied that a sentence of less than two years would be a fit sentence, a conditional sentence order is not available.
[27] On Count 1, I sentence you to 27 months in jail. On Count 2, I sentence you to six months in jail. The sentence on Count 2 is concurrent to the sentence on Count 1. The total sentence is 27 months.
- R. v. G.J.L., 2025 BCSC 1288 Court decision, Courts of British Columbia