Sexual assault
R. v. Li
- Below the Crown's ask
Sentence and the Crown's position
Crown asked12 months in custody1
Judge imposed6 months custody, then 12 months probation1
6 months less custody than the Crown asked
What the law allows
Maximum10 years
Crown asked12 months in custody
Judge imposed6 months in custody
Xiao Han Li, a practitioner of traditional Chinese medicine, was found guilty after trial of sexually assaulting a client during treatment. The Crown sought 12 to 18 months in custody; the defence sought a conditional sentence followed by probation. Judge Buckle imposed six months in custody followed by 12 months of probation, finding that a conditional sentence could not provide enough denunciation and deterrence given the significant breach of trust and the intrusiveness of the conduct.
In the judge's words
1In all the circumstances, I am not satisfied that a CSO, even a lengthy one with punitive conditions, can provide the strong message of denunciation and deterrence that these facts require.
The record
- Convicted of
- Sexual assault (CC 271)
- Prior convictions
- 0 prior convictions1
- At the time of the offence
- Not stated1
- Appeal
- Not yet checked
- Counsel
- Crown: Cory Roberts
Defence: Mark Knox
Sources
- R. v. Li, 2025 NSPC 9 Court decision, CanLII, February 4, 2025
[4] The Crown seeks a custodial sentence of 12 to 18 months
[70] A conditional sentence has statutory pre-requisites that are met here. There is no minimal term of imprisonment
[1] Following a trial, Xiao Han Li was found guilty of one count of sexual assault.
[3] At the time of the offence, Mr. Li had no criminal record.
[87] In all the circumstances, I am not satisfied that a CSO, even a lengthy one with punitive conditions, can provide the strong message of denunciation and deterrence that these facts require.
[92] I have concluded that the least restrictive sentence that is consistent with the principles and purposes of sentencing, including parity, is a custodial sentence of six months to be served in a correctional facility and followed by probation for 12 months.
- R. v. Li, 2025 NSPC 9 Court decision, Courts of Nova Scotia