Sexual assault
R. v. C.A.N.
A publication ban applies. The offender is not named.
Sentence and the Crown's position
What the law allows
After a trial, the offender was found guilty of sexual assault committed in Nanaimo in June 2021 against a complainant who was 17 at the time. The Crown sought 36 to 42 months' imprisonment; the defence proposed a conditional sentence of two years less a day followed by three years' probation. Justice Brongers imposed three years' imprisonment, finding that a conditional sentence was not available given the aggravating circumstances, including physical violence, injuries and persistence over the complainant's objections.
In the judge's words
1Particularly troubling is the fact that he persisted in forcing anal intercourse over her objections, which she made in part because she knew she suffered from a pre‑existing anal fissure and was at risk of further injury from this form of sexual activity.
The record
- Convicted of
- Sexual assault (CC 271)
- Prior convictions
- 1 prior conviction1
- At the time of the offence
- Not stated1
- Defence asked for
- 2 years less a day conditional sentence1
- Appeal
- Not yet checked
- Counsel
- Crown: J.E. Simpson
Defence: C.L. Hodson
Sources
- R. v. C.A.N., 2025 BCSC 255 Court decision, CanLII, January 30, 2025
[36] Counsel for the Crown submits that because the primary principles that govern this particular sentencing are denunciation and deterrence, a longer jail sentence should be imposed. She suggests that its duration be from 36 to 42 months.
[41] Accordingly, counsel for the defence urges the court not to sentence … to a custodial sentence. Rather, he proposes that … first serve a sentence of two years less one day in the community under a CSO issued pursuant to s. 742.1 of the Code, and then be subject to a three‑year probation order after that.
[25] … adult criminal history consists of one conviction that occurred in Alberta in 2009. It was for a single count of possession of stolen property of a value of less than $5,000.
[49] … Particularly troubling is the fact that he persisted in forcing anal intercourse over her objections, which she made in part because she knew she suffered from a pre‑existing anal fissure and was at risk of further injury from this form of sexual activity.
[59] I sentence you to imprisonment for a period of three years.
- Criminal Code, s. 271 Record, Justice Laws Website
- R. v. C.A.N., 2025 BCSC 255 Court decision, Courts of British Columbia