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

Crown asked6 years in custody1
Judge imposed4 years in custody1
2 years less custody than the Crown asked

What the law allows

Maximum10 years
Crown asked6 years in custody
Judge imposed4 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 40% of the maximum. Read the section.

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

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.

1

The record

Convicted of
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

  1. 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.
  2. Criminal Code, s. 271 Record, Justice Laws Website
  3. R. v. E.G.G.-G., 2025 BCSC 393 Court decision, Courts of British Columbia

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