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

Crown asked30 months in custody1
Judge imposed28 months in custody1
60 days less custody than the Crown asked

What the law allows

Maximum10 years
Crown asked30 months in custody
Judge imposed28 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 23% of the maximum. Read the section.

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

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.

1

The record

Convicted of
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

  1. 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.
  2. R. v. K.N., 2025 BCSC 2138 Court decision, Courts of British Columbia

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