Sexual assault
R. v. A.R.A.
A publication ban applies. The offender is not named.
Sentence and the Crown's position
What the law allows
A jury found the offender guilty of sexually assaulting a 16-year-old complainant in Vancouver in November 2021. Crown and defence jointly proposed three years in custody, consecutive to a five-year sentence he was already serving for an unrelated offence. Justice Brongers accepted the joint submission, finding that four years would otherwise be fit but that the totality principle called for a one-year reduction.
In the judge's words
1In my view, imposing upon Mr. … an effective period of incarceration of six years from today would be unduly long and harsh, and would not be commensurate with his overall culpability. Accordingly, I agree with counsel for the Crown and the defence that this period should be reduced by one year in order to give effect to the totality principle.
The record
- Convicted of
- Sexual assault (CC 271)
- Prior convictions
- Not recorded
- At the time of the offence
- Not stated1
- Defence asked for
- 3 years in custody1
- Appeal
- Not yet checked
- Counsel
- Crown: J.R. Marin
Defence: S.E. Leamon, A.S. Cochrane
Sources
- R. v. A.R.A., 2025 BCSC 1296 Court decision, CanLII, June 19, 2025
[2] Sentencing submissions were presented by the Crown and the defence on June 18, 2025. They both agree that a custodial sentence of three years is a fit and appropriate sentence in all of the circumstances, having regard to the applicable sentencing principles.
[2] Sentencing submissions were presented by the Crown and the defence on June 18, 2025. They both agree that a custodial sentence of three years is a fit and appropriate sentence in all of the circumstances, having regard to the applicable sentencing principles.
[47] In my view, imposing upon Mr. … an effective period of incarceration of six years from today would be unduly long and harsh, and would not be commensurate with his overall culpability. Accordingly, I agree with counsel for the Crown and the defence that this period should be reduced by one year in order to give effect to the totality principle.
[51] For the crime of having sexually assaulted … I sentence you to imprisonment for a period of three years. This sentence is to be served consecutively to your existing sentence for criminal negligence causing death that you are presently serving.
- Criminal Code, s. 271 Record, Justice Laws Website
- R. v. A.R.A., 2025 BCSC 1296 Court decision, Courts of British Columbia