Sexual assault

R. v. Degner

  • Below the Crown's ask

Sentence and the Crown's position

Crown asked3 years and 6 months in custody1
Judge imposedTwo and a half years in a federal penitentiary1
1 year less custody than the Crown asked

What the law allows

Maximum10 years
Crown asked3 years and 6 months in custody
Judge imposed2 years and 6 months in custody
Defence asked2 years 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 25% of the maximum. Read the section.

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

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.

1

The record

Convicted of
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

  1. 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.
  2. R. v. Degner, 2025 BCSC 432 Court decision, Courts of British Columbia

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