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
What the law allows
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
1I 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.
The record
- Convicted of
- Sexual assault (CC 271)
- 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
- 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.
- Criminal Code, s. 271 Record, Justice Laws Website
- R. v. W.M.J.D., 2025 BCSC 1414 Court decision, Courts of British Columbia