Sexual assault, Failure to provide necessaries of life

R. v. C.V.

A publication ban applies. The offender is not named.

Sentence and the Crown's position

Crown asked5 years in custody1
Judge imposed5 years for sexual assault and 1 year concurrent for failing to provide the necessaries of life, less 123 days' credit1

What the law allows

Maximum10 years
Crown asked5 years in custody
Judge imposed5 years in custody
Defence asked5 years in custody
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 50% of the maximum. Read the section.

The offender was found guilty after trial of sexually assaulting an unconscious woman in Burnaby in September 2021 and of failing to provide her with the necessaries of life when she needed urgent medical attention. The Crown and defence jointly proposed five years for the sexual assault and one year concurrent for the necessaries offence. Justice Mayer accepted the joint submission, finding it would not bring the administration of justice into disrepute, and gave 123 days' credit for pre-sentence custody.

In the judge's words

I find that a sentence of five years in relation to the sexual assault perpetrated upon D.L. and one year for failure to provide D.L. with the necessaries of life, to be served concurrently, will not bring the administration of justice into disrepute.

1

The record

Prior convictions
0 prior convictions1
At the time of the offence
Not stated1
Defence asked for
5 years in custody1
Appeal
Not yet checked
Counsel
Crown: C.J. Smith
Defence: V. Michaels

Sources

  1. R. v. C.V., 2025 BCSC 817 Court decision, CanLII, April 1, 2025[2] … I heard a joint sentencing submission from the Crown and defence seeking a sentence of five years for sexual assault and one year for failure to provide the necessaries of life, to be served concurrently, less credit for time served.[2] … I heard a joint sentencing submission from the Crown and defence seeking a sentence of five years for sexual assault and one year for failure to provide the necessaries of life, to be served concurrently, less credit for time served.[19] … does not have a criminal record.[60] … I find that a sentence of five years in relation to the sexual assault perpetrated upon D.L. and one year for failure to provide D.L. with the necessaries of life, to be served concurrently, will not bring the administration of justice into disrepute.[60] … I find that a sentence of five years in relation to the sexual assault perpetrated upon D.L. and one year for failure to provide D.L. with the necessaries of life, to be served concurrently, will not bring the administration of justice into disrepute. I impose this sentence. … [61] I adopt the calculation of Crown and defence counsel for enhanced credit for time served prior to sentencing being 123 days, which is 82 days' actual time served times 1.5.
  2. Criminal Code, s. 271 Record, Justice Laws Website
  3. R. v. C.V., 2025 BCSC 817 Court decision, Courts of British Columbia

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