Sexual assault

R. v. A.J.

A publication ban applies. The offender is not named.

Sentence and the Crown's position

Crown asked2 years less a day in custody1
Judge imposedTwo years less a day in custody (consecutive sentences on 5 counts), then 3 years probation1

What the law allows

Maximum10 years
Crown asked2 years less a day in custody
Judge imposed2 years less a day in custody
Defence asked18 months 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 20% of the maximum. Read the section.

The offender was found guilty after trial of five counts of sexual assault committed between 2019 and 2021 against five complainants who trusted him. The Crown sought two years less a day in custody plus three years of probation, and the defence an 18-month conditional sentence order. Justice Murray imposed consecutive sentences totalling two years less a day in jail followed by three years of probation, finding a conditional sentence unfit given the number of offences and the serious breach of trust.

In the judge's words

The circumstances are aggravated by the factors listed above, including the number of offences and the fact that they involve a serious breach of trust. As recently stated by our Court of Appeal in R. v. Maslehati, 2024 BCCA 207 at para. 113, a conditional sentence order will generally not be a fit sentence without a factual finding of diminished blameworthiness or compelling mitigation. No such diminishing factor is present in this case. I find that a conditional sentence order is not an appropriate sentence.

1

The record

Convicted of
Prior convictions
0 prior convictions1
At the time of the offence
Not stated1
Defence asked for
18 months conditional sentence1
Appeal
Not yet checked
Counsel
Crown: L. Phipps, C. Ussery
Defence: J. Watt

Sources

  1. R. v. A.J., 2025 BCSC 688 Court decision, CanLII, March 24, 2025[8] Crown submits that a total sentence of two years less one day, plus probation for three years, is appropriate.[8] Crown submits that a total sentence of two years less one day, plus probation for three years, is appropriate. Defence takes the position that a Conditional Sentence Order of 18 months plus probation is a fit sentence.[22] By way of mitigating factors, at 38 years of age, … is relatively young. He has no criminal record.[26] The question now becomes whether allowing … to serve this jail sentence in the community under a conditional sentence order would be consistent with the principles of sentencing. … The circumstances are aggravated by the factors listed above, including the number of offences and the fact that they involve a serious breach of trust. As recently stated by our Court of Appeal in R. v. Maslehati, 2024 BCCA 207 at para. 113, a conditional sentence order will generally not be a fit sentence without a factual finding of diminished blameworthiness or compelling mitigation. No such diminishing factor is present in this case. I find that a conditional sentence order is not an appropriate sentence.[24] I have considered the cases put before me by counsel. … Having regard to the circumstances and the case law, I am satisfied that the appropriate sentence is a cumulative jail sentence of 2 years less a day plus probation for 3 years to follow.
  2. Criminal Code, s. 271 Record, Justice Laws Website
  3. R. v. A.J., 2025 BCSC 688 Court decision, Courts of British Columbia

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