Sexual assault

R. v. W.M.J.D.

A publication ban applies. The offender is not named.

  • Below the Crown's ask

Sentence and the Crown's position

Crown asked4 years in custody1
Judge imposedThree and a half years (42 months) in custody, less 380 days credit for pre-sentence custody1
185 days less custody than the Crown asked

What the law allows

Maximum10 years
Crown asked4 years in custody
Judge imposed3 years and 6 months in custody
Defence asked2 years less a day conditional sentence
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 35% of the maximum. Read the section.

A jury convicted the offender of one count of sexual assault of an intoxicated adult who was asleep when the assault began. The Crown sought four to five years' imprisonment and the defence a conditional sentence of two years less a day followed by three years' probation. Justice Majawa imposed three and a half years' imprisonment, less 380 days' credit, finding that Gladue factors reduced the offender's moral blameworthiness but that a sentence under two years would not be proportionate.

In the judge's words

I have considered whether it would be appropriate to depart from the range by imposing a sentence of less than two years. However, in my view, such a sentence would not be a proportionate one.

1

The record

Convicted of
Prior convictions
Not recorded
At the time of the offence
Not stated1
Defence asked for
2 years less a day conditional sentence1
Appeal
Not yet checked
Counsel
Crown: T. Stokes, L. Ruzicka, KC
Defence: G. Simair

Sources

  1. R. v. W.M.J.D., 2025 BCSC 1414 Court decision, CanLII, July 4, 2025[2] The Crown seeks a sentence of imprisonment of four to five years and related ancillary orders.[58] … He submits that a two-year-less-a-day CSO followed by three years of probation is the appropriate sentence.[82] … I have considered whether it would be appropriate to depart from the range by imposing a sentence of less than two years. However, in my view, such a sentence would not be a proportionate one.[86] I sentence you to three-and-a-half years' or 42 months' imprisonment on the single count of sexual assault on the indictment. The parties agree that you have spent 253 actual days in custody in respect of this matter between August 14, 2024, and April 23, 2025. With credit at 1.5 to one, that equates to 380 days of credit for pretrial custody.
  2. Criminal Code, s. 271 Record, Justice Laws Website
  3. R. v. W.M.J.D., 2025 BCSC 1414 Court decision, Courts of British Columbia

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