Sexual assault
R. v. K.N.
A publication ban applies. The offender is not named.
- Below the Crown's ask
Sentence and the Crown's position
What the law allows
The offender was convicted by a jury of sexually assaulting an intoxicated, sleeping guest at his home in Richmond in November 2020. The Crown sought 30 months in custody and the defence a conditional sentence of two years less a day followed by probation. Justice Matthews imposed 28 months in custody, reducing what would otherwise have been close to three years because of the collateral consequences to the offender's family, and declined to make a SOIRA order.
In the judge's words
1But for his family circumstances, a fit sentence would be over two and a half years and close to three years. Given the collateral consequences to his family and all that I have already stated, I consider a fit sentence to be 28 months.
The record
- Convicted of
- Sexual assault (CC 271)
- Prior convictions
- 0 prior convictions1
- At the time of the offence
- Not stated1
- Defence asked for
- 2 years less a day conditional sentence1
- Appeal
- Not yet checked
- Counsel
- Crown: E.R. Delaney
Defence: K. Westell, C.R. Kalla
Sources
- R. v. K.N., 2025 BCSC 2138 Court decision, CanLII, October 3, 2025
[1] … was convicted by a jury of one count of sexual assault of R.I. The Crown seeks a custodial sentence of 30 months
[2] … asserts that the appropriate sentence is a conditional sentence of two years less a day served under house arrest, followed by three years' probation.
[52] The offence of sexual assault does not have a mandatory minimum sentence.
[27] … is currently 41 years old. He does not have a criminal record.
But for his family circumstances, a fit sentence would be over two and a half years and close to three years. Given the collateral consequences to his family and all that I have already stated, I consider a fit sentence to be 28 months.
[137] … please stand. I sentence you to 28 months in custody.
- R. v. K.N., 2025 BCSC 2138 Court decision, Courts of British Columbia