Sexual assault

R. v. A.R.A.

A publication ban applies. The offender is not named.

Sentence and the Crown's position

Crown asked3 years in custody1
Judge imposed3 years in custody, consecutive to a sentence already being served1

What the law allows

Maximum10 years
Crown asked3 years in custody
Judge imposed3 years in custody
Defence asked3 years in custody
For sexual assault (CC 271), the Criminal Code currently allows up to 10 years when the Crown proceeds by indictment, with no mandatory minimum. The sentence imposed is 30% of the maximum. Read the section.

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

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.

1

The record

Convicted of
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

  1. 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.
  2. Criminal Code, s. 271 Record, Justice Laws Website
  3. R. v. A.R.A., 2025 BCSC 1296 Court decision, Courts of British Columbia

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