Sexual assault

R. v. Turpin

Sentence and the Crown's position

Crown asked2 years less a day in custody1
Judge imposedTwo years less a day in custody (less 515 days credit), then 3 years probation1

What the law allows

Maximum10 years
Crown asked2 years less a day in custody
Judge imposed2 years less a day in custody
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 20% of the maximum. Read the section.

Tyler John Turpin pleaded guilty to sexually assaulting a co-worker in her tent at a mining exploration camp in 2022. The Crown sought two years less a day in custody followed by three years of probation. Justice Ball imposed two years less a day, less 515 days of credit for pre-sentence custody, followed by three years of probation, relying on the range set out in R. v. Maslehati and the persistence of the assault despite the complainant's resistance.

In the judge's words

The second particularly aggravating factor is the persistence of the conduct aforesaid in the face of communicated nonconsent. A.B. was actively fighting with him and telling him to stop. These violations occurred in the victim's home, notwithstanding that home was part of a mining camp. It was her space and it was violated.

1

The record

Convicted of
Prior convictions
0 prior convictions1
At the time of the offence
Not stated1
Appeal
Not yet checked
Counsel
Crown: T. Barnett
Defence: J.A. Cochrane

Sources

  1. R. v. Turpin, 2025 BCSC 2687 Court decision, CanLII, December 15, 2025[49] The Crown's position is, in relation to the duration of sentence, the sentence should be two years less one day in custody, followed by a period of probation for three years, with certain ancillary orders to which I will now direct myself.[2] Tyler John Turpin was charged with three counts originally, and eventually he entered a guilty plea to one count of sexual assault of A.B., contrary to s. 271 of the Criminal Code of Canada, R.S.C. 1985, c. ­C-46, by indictment on Information 31221-2.[29] The current offence is Mr. Turpin's first involvement with the criminal justice system.[47] The second particularly aggravating factor is the persistence of the conduct aforesaid in the face of communicated nonconsent. A.B. was actively fighting with him and telling him to stop. These violations occurred in the victim's home, notwithstanding that home was part of a mining camp. It was her space and it was violated.[64] THE COURT: Well, the custodial portion of the sentence will be two years less one day minus 515 days.
  2. Criminal Code, s. 271 Record, Justice Laws Website
  3. R. v. Turpin, 2025 BCSC 2687 Court decision, Courts of British Columbia

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