Sexual assault

R. v. C.A.N.

A publication ban applies. The offender is not named.

Sentence and the Crown's position

Crown asked3 years in custody1
Judge imposed3 years' imprisonment1

What the law allows

Maximum10 years
Crown asked3 years in custody
Judge imposed3 years 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 30% of the maximum. Read the section.

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

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.

1

The record

Convicted of
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

  1. 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.
  2. Criminal Code, s. 271 Record, Justice Laws Website
  3. R. v. C.A.N., 2025 BCSC 255 Court decision, Courts of British Columbia

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