Sexual assault
R. v. P.P.
A publication ban applies. The offender is not named.
- No jail for a violent offence
Sentence and the Crown's position
A conditional sentence is served in the community, usually under house arrest. It counts as no custody here.
What the law allows
The offender pleaded guilty partway through his trial to one count of sexual assault for kissing and touching a woman who did not consent in March 2018; a second sexual assault count was stayed. The Crown and defence jointly proposed a conditional sentence of two years less a day followed by two years of probation. Justice Shergill accepted the joint submission, finding it was not contrary to the public interest and, while on the low end, within the range for the offence, and granted an exemption from sex offender registration.
In the judge's words
1In my view, the proposed sentence appropriately reflects the purposes and principles of sentencing, and is fair, fit, and proportionate in the totality of the circumstances.
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: S. Gillespie
Defence: K. Westell, J. Sicotte
Sources
- R. v. P.P., 2025 BCSC 2275 Court decision, CanLII, November 18, 2025
[2] The Crown and Defence jointly submit that … should receive a Conditional Sentence Order ("CSO") of 2 years less a day, followed by a 2-year term of probation.
[2] The Crown and Defence jointly submit that … should receive a Conditional Sentence Order ("CSO") of 2 years less a day, followed by a 2-year term of probation.
[91] I have considered those factors and note the following: … criminal history: … does not have a prior criminal record.
[102] In my view, the proposed sentence appropriately reflects the purposes and principles of sentencing, and is fair, fit, and proportionate in the totality of the circumstances.
[104] You must comply with a conditional sentence order for a term of 24 months less 1 day. … [105] You must comply with the probation order for a term of 24 months.
- Criminal Code, s. 271 Record, Justice Laws Website
- R. v. P.P., 2025 BCSC 2275 Court decision, Courts of British Columbia