Sexual assault, Assault, Breach of a probation order, Uttering threats to damage property
R. v. C.B.R.W.
A publication ban applies. The offender is not named.
- Below the Crown's ask
- No jail for a violent offence
- On release at the time
Sentence and the Crown's position
A conditional sentence is served in the community, usually under house arrest. It counts as no custody here.
What the law allows
The offender was found guilty after trial of sexual assault and pleaded guilty to assault, uttering threats to burn the complainant's property, and breach of probation; he was on probation at the time. The Crown, proceeding summarily, sought two years' imprisonment less remand credit; the defence sought time served or a 7-month conditional sentence. Judge Atwood found a 21-month total sentence appropriate and, after 11 months of remand credit, imposed a 10-month conditional sentence followed by two years of probation, finding that the offender's alcohol-use disorder reduced his moral culpability and that he would not endanger the community.
In the judge's words
1I am satisfied that allowing … to serve his sentence in the community, under the terms of a CSO would be consistent with the fundamental purposes and principles of sentencing, and would not endanger the safety of the community.
The record
- Convicted of
- Sexual assault (CC 271)
- Assault (CC 266)
- Breach of a probation order (CC 733.1)
- Uttering threats to damage property (CC 264.1(1)(b))
- Prior convictions
- 6 prior convictions1
- At the time of the offence
- On probation1
- Defence asked for
- Time served1
- Appeal
- Not yet checked
- Counsel
- Crown: Sandee Smordin
Defence: Robyn Fougere (for Barrie Dunn)
Sources
- R. v. C.B.R.W., 2025 NSPC 45 Court decision, CanLII, December 23, 2025
[2] The prosecution seeks a sentence of two-years … imprisonment (less remand credit), a three-year term of probation, and a number of ancillary orders.
[3] Defence counsel seeks a time-served sentence; alternatively, defence seeks a 7-month conditional sentence order [CSO].
[21] None of the charges before the Court would attract a mandatory-minimum penalty.
[7] Although Mr … was on probation at the time he assaulted, sexually assaulted and threatened AL
Refusal … Bail breach … Resist … Over .08 … Impaired … Over .08 … [18] None of these involves violence or threats of violence.
[73] I am satisfied that allowing Mr … to serve his sentence in the community, under the terms of a CSO would be consistent with the fundamental purposes and principles of sentencing, and would not endanger the safety of the community.
[61] The Court has excluded the imposition of purely probationary sentences. The Court believes that the appropriate total sentence would be a 21-month term of imprisonment, given the statutory primacy of denunciation and deterrence. … is entitled to a remand credit 330 days, which I will calculate as 11 months. … [77] This results in a total CSO term of 10 months commencing immediately, followed by a two-year term of probation
- R. v. C.B.R.W., 2025 NSPC 45 Court decision, Courts of Nova Scotia