Sexual assault
R. v. J.B.C.
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 judge-alone trial, the offender was convicted of one count of sexual assault committed in 2021 during an Indigenous healing session he was providing to the complainant; he was acquitted on two other counts. The Crown sought 15 to 18 months in custody and the defence a conditional sentence. Justice Hardwick imposed 12 months in custody followed by 18 months of probation, finding a conditional sentence would not sufficiently denounce and deter the offence, and declined a sex offender registry order.
In the judge's words
1On this basis, I do think that it is appropriate exercise of my discretion to impose a sentence of less than two years' imprisonment, as Maslehati recognizes may be warranted given the individualized nature of the sentencing process.
The record
- Convicted of
- Sexual assault (CC 271)
- Prior convictions
- 3 prior convictions1
- At the time of the offence
- Not stated1
- Appeal
- Not yet checked
- Counsel
- Crown: J. Young, Articled Student
Defence: J. Hogg, K.C.
Sources
- R. v. J.B.C., 2025 BCSC 1575 Court decision, CanLII, May 13, 2025
[5] The Crown submits that in this case, I should impose a custodial sentence of 15 to 18 months, followed by an 18‑month period of probation with certain conditions
No minimum term of imprisonment exists for a conviction under s. 271 of the Code, and this matter proceeded by indictment.
That record, which is admitted, lists three convictions contrary to the Code. Two convictions are for alcohol related driving offences in 1981 and 1982, respectively.
[101] On this basis, I do think that it is appropriate exercise of my discretion to impose a sentence of less than two years' imprisonment, as Maslehati recognizes may be warranted given the individualized nature of the sentencing process.
[115] For the reasons I have outlined, Mr. … I sentence you to a 12‑month custodial sentence which, converted to days for Correctional Service purposes, equates to 365 days of incarceration. There is no adjustment for any enhanced time as there was no period of pre‑trial detention.
- R. v. J.B.C., 2025 BCSC 1575 Court decision, Courts of British Columbia