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

Crown asked15 months in custody1
Judge imposed12 months in custody, then 18 months probation1
85 days less custody than the Crown asked

What the law allows

Maximum10 years
Crown asked15 months in custody
Judge imposed1 year 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 10% of the maximum. Read the section.

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

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.

1

The record

Convicted of
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

  1. 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 conditionsNo 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.
  2. R. v. J.B.C., 2025 BCSC 1575 Court decision, Courts of British Columbia

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