Sexual assault
R. v. E.G.G.-G.
A publication ban applies. The offender is not named.
- Below the Crown's ask
Sentence and the Crown's position
What the law allows
A jury found the offender guilty of one count of sexual assault involving repeated non-consensual sexual acts between October 2019 and February 2020. The Crown sought six to seven years in custody and the defence a conditional sentence of two years less a day. Justice Baird imposed four years' imprisonment, finding a conditional sentence well below the acceptable range and the Crown's position overly harsh in light of mitigating factors including the offender's developmental disorders and lack of a criminal record.
In the judge's words
1In my view, however, at this stage the Crown's suggested sentence of six to seven years would be overly harsh and excessive. In all of the circumstances, including those argued in mitigation, I have concluded that all of the principles of sentencing to which I have referred will be adequately served by the imposition of a penitentiary sentence of four years.
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: T. Holland
Defence: S. Littley
Sources
- R. v. E.G.G.-G., 2025 BCSC 393 Court decision, CanLII, March 4, 2025
[40] With reference to these principles, the Crown seeks a jail sentence of six to seven years, while defence counsel seeks a conditional jail sentence of two years less one day to be served in the community followed, if I think it appropriate, by a period of probation.
[40] With reference to these principles, the Crown seeks a jail sentence of six to seven years, while defence counsel seeks a conditional jail sentence of two years less one day to be served in the community followed, if I think it appropriate, by a period of probation.
[44] Against these aggravating features must be carefully measured those spoken in mitigation, which I would list as follows: … At 29 years of age, he has no criminal record.
[47] In my view, however, at this stage the Crown's suggested sentence of six to seven years would be overly harsh and excessive. In all of the circumstances, including those argued in mitigation, I have concluded that all of the principles of sentencing to which I have referred will be adequately served by the imposition of a penitentiary sentence of four years.
[48] Stand up Mr. … I hereby sentence you to a term of imprisonment of four years.
- Criminal Code, s. 271 Record, Justice Laws Website
- R. v. E.G.G.-G., 2025 BCSC 393 Court decision, Courts of British Columbia