Sentence Watch

Sexual assault

R. v. H.C.D.

A publication ban applies. The offender is not named.

  • Below the Crown's ask
Crown asked2 years less a day in custody1
Judge imposed18 months jail, then 3 years probation1
189 days less custody than the Crown asked

What the law allows

Maximum10 years
Crown asked2 years less a day in custody
Judge imposed18 months 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 15% of the maximum. Read the section.

The offender pleaded guilty to sexual assault, prosecuted by indictment. The Crown sought two years less a day in jail followed by two years of probation; the defence sought a conditional sentence of the same length. Justice Dley found a conditional sentence unavailable because of the aggravating circumstances and imposed 18 months in prison followed by three years of probation, citing significant mitigating factors including the guilty plea, genuine remorse, no criminal history and a low risk to reoffend.

In the judge's words

But for the significant mitigating circumstances, the sentence proposed by the Crown would be appropriate. However, the strength of the mitigating circumstances militates in favour of Mr. H.C.D. receiving a lesser custodial term, together with rehabilitation measures that will satisfy the ultimate objective, which is to protect the public.

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: B.G. Oros
Defence: W.M. Finch K.C.

More cases by The Honourable Justice S. Dev Dley

  1. December 18, 2025
    R. v. Losch, 2025 BCSC 2591Manslaughter; Indignity to human remains, Mission
    • Below the Crown's ask
    10 years for manslaughter plus 2 years consecutive for interfering with human remains (12 years total), less 1,280 days credit
  2. July 4, 2024
    R. v. Sandhu, 2024 BCSC 1388Second degree murder, Abbotsford
    • Below the Crown's ask
    Life imprisonment, no parole for 13 years
  3. September 7, 2023
    R. v. D.A.G., 2023 BCSC 1643Manslaughter; Kidnapping, Cultus Lake
    • Below the Crown's ask
    • On release at the time
    8 years on each of kidnapping and manslaughter, concurrent, less 1,206 days credit
  4. July 28, 2023
    R. v. J.M.R.E., 2023 BCSC 1742Manslaughter, Kamloops
    • On release at the time
    10 years imprisonment, long-term offender designation with a 10-year long-term supervision order

All cases by The Honourable Justice S. Dev Dley (5)

More sexual assault cases

  1. September 4, 2026
    R. v. C.O., 2026 BCSC 1859Sexual assault; Voyeurism, Vancouver. Justice Christopher W. Greenwood
    • Below the Crown's ask
    3 years 6 months for sexual assault plus 6 months consecutive for voyeurism (4 years total)
  2. September 3, 2026
    R. v. T.R.S., 2026 BCSC 1726Sexual assault, New Westminster. Justice Baljinder Kaur Girn
    • Below the Crown's ask
    2 years in custody (9 months and 15 months consecutive)
  3. August 10, 2026
    R. v. M.E.G., 2026 BCSC 1676Sexual assault; Forcible confinement, Vancouver. Justice Alan M. Ross
    10 years' incarceration on each count, concurrent, less 323 days' pre-sentence credit
  4. July 31, 2026
    R. v. A.M., 2026 NSSC 262Sexual assault, Sydney. Justice D. Shane Russell
    • Below the Crown's ask
    4 years in custody (2 years consecutive on each of 2 counts), less 1,412 days remand credit; 49 days remaining

All sexual assault cases (97)

More from the Supreme Court of British Columbia

  1. September 18, 2026
    R v Alves, 2026 BCSC 1792Possession of a Schedule I or II substance for the purpose of trafficking; Production of a Schedule I or II substance; Possession of anything for use in producing or trafficking a controlled substance, Maple Ridge. Justice Terence A. Schultes
    3 years' imprisonment on counts 1 and 2 and 2 years on count 3, concurrent
  2. September 15, 2026
    R. v. C.S.M., 2026 BCSC 1770Manslaughter, Coquitlam. Justice David M. Layton
    2 years and 99 days in custody, less 99 days credit (2 years remaining)
  3. September 11, 2026
    R. v. Dansereau, 2026 BCSC 1781Possession of a loaded prohibited or restricted firearm; Possession of a Schedule I or II substance for the purpose of trafficking; Possession of a weapon contrary to a prohibition order, Rossland. Justice Jacqueline D. Hughes
    5 years in custody (3.5 years firearm, concurrent 24 months drug, plus 1.5 years consecutive for breach of weapons prohibition), less 978 days credit
  4. September 11, 2026
    R v Stuart, 2026 BCSC 1783Aggravated assault, Vancouver. Justice Elin Sigurdson
    • Below the Crown's ask
    • No jail for a violent offence
    Two years less one day conditional sentence (201 days credited), followed by probation

All cases from the Supreme Court of British Columbia (520)

More cases in Abbotsford

  1. January 30, 2026
    R. v. Santolla, 2026 BCSC 204Weapons trafficking; Possession of a Schedule I or II substance for the purpose of trafficking. Justice Warren B. Milman
    8 years imprisonment (3 years on manufacturing a restricted firearm, consecutive to concurrent 4 and 5 years on two drug counts)
  2. July 4, 2024
    R. v. Sandhu, 2024 BCSC 1388Second degree murder. Justice S. Dev Dley
    • Below the Crown's ask
    Life imprisonment, no parole for 13 years
  3. November 2, 2023
    R. v. R.L., 2023 BCSC 2154Sexual assault. Justice Ian Caldwell
    24 months jail (consecutive terms on six counts), then 36 months probation
  4. July 5, 2023
    R. v. Wesley, 2023 BCSC 1273Second degree murder. Justice S. Dev Dley
    Life imprisonment, no parole eligibility for 20 years

All cases in Abbotsford (10)

Sources

  1. R. v. H.C.D., 2025 BCSC 450 Court decision, CanLII, January 27, 2025[12] The Crown seeks a jail sentence of two years less a day, to be followed by two years of probation.[13] Mr. H.C.D. does not take issue with the orders sought by the Crown, save and except for the imposition of a jail sentence and the SOIRA order. Mr. H.C.D. is agreeable to the length of the proposed sentence, provided it can be served in the community pursuant to a Conditional Sentence Order.[30] Mr. H.C.D. has been a model citizen, but for this offence. He has no criminal history.[66] But for the significant mitigating circumstances, the sentence proposed by the Crown would be appropriate. However, the strength of the mitigating circumstances militates in favour of Mr. H.C.D. receiving a lesser custodial term, together with rehabilitation measures that will satisfy the ultimate objective, which is to protect the public.[67] I therefore conclude that a fit sentence is one of 18 months in prison followed by a probation order for a period of three years.
  2. Criminal Code, s. 271 Record, Justice Laws Website
  3. R. v. H.C.D., 2025 BCSC 450 Court decision, Courts of British Columbia

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