Sexual assault
R. v. Degner
- Below the Crown's ask
Sentence and the Crown's position
What the law allows
A jury found Christopher James Allan Degner guilty of sexually assaulting his intimate partner on multiple occasions between 2020 and 2022 near Merritt, including once beside their two-month-old infant. The Crown sought three and a half years in a penitentiary; the defence proposed a two-year conditional sentence or, alternatively, two years less a day in jail. Justice B. Smith imposed two and a half years, finding a conditional sentence inconsistent with denunciation and deterrence because the aggravating factors greatly outweighed the mitigating ones.
In the judge's words
1In my view, having regard to the facts as have been proven and the prevailing law, a conditional sentence order would be inconsistent with the fundamental principles of sentencing, in particular denunciation and deterrence, because of the aggravating factors that are present in this case.
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 conditional sentence1
- Appeal
- Not yet checked
- Counsel
- Crown: K.E. Bouchard
Defence: J. Killoran
Sources
- R. v. Degner, 2025 BCSC 432 Court decision, CanLII, February 25, 2025
[9] The Crown's position with respect to sentence is that Mr. Degner should receive a three‑and‑a‑half‑year penitentiary sentence followed by a number of ancillary orders as follows:
[10] Mr. Killoran, on behalf of Mr. Degner, submits that the court should consider a conditional sentence order of two years plus three years' probation or, in the alternative, a sentence of two years less a day imprisonment.
[17] In terms of quantum, the maximum sentence for sexual assault is ten years in jail. There is no mandatory minimum sentence.
[2] On March 16, 2024, the jury in this matter found Mr. Degner guilty of the sole count on the indictment.
[32] By all accounts, Mr. Degner has had a hard life, yet despite this he does not have a criminal record.
[35] In my view, having regard to the facts as have been proven and the prevailing law, a conditional sentence order would be inconsistent with the fundamental principles of sentencing, in particular denunciation and deterrence, because of the aggravating factors that are present in this case.
[37] Mr. Degner, I sentence you to two and a half years in a federal penitentiary.
- R. v. Degner, 2025 BCSC 432 Court decision, Courts of British Columbia