Sexual assault of a person under 16
R. v. Nicholas
- Below the Crown's ask
Sentence and the Crown's position
Crown asked3 years in custody1
Judge imposed30 months' imprisonment1
195 days less custody than the Crown asked
What the law allows
Maximum14 years
Crown asked3 years in custody
Judge imposed30 months in custody
Minimum1 year
Nathan Nicholas pleaded guilty to sexually assaulting a 15-year-old complainant who was asleep at his residence. The Crown sought three years' imprisonment; the defence sought a conditional sentence followed by probation. Justice Sukstorf imposed 30 months' imprisonment, finding that denunciation and deterrence were paramount while giving meaningful effect to Mr. Nicholas' Indigenous background.
In the judge's words
1In my view, neither the lowest sentences advanced by the defence nor the highest proposed by the Crown achieves that balance. A sentence at the low end would understate the gravity of the offence, while one at the high end would insufficiently account for Mr. Nicholas' circumstances.
The record
- Convicted of
- Sexual assault of a person under 16 (CC 271 U16)
- Prior convictions
- Not recorded
- At the time of the offence
- Not stated1
- Appeal
- Not yet checked
- Counsel
- Crown: B. Haberstock
Defence: A. Zipp
Sources
- R. v. Nicholas, 2026 BCSC 1146 Court decision, CanLII, June 17, 2026
[6] The Crown submits that a sentence of three years' imprisonment is appropriate.
[1] On March 2, 2026, Nathan Nicholas entered a guilty plea to one count of sexual assault contrary to s. 271 of the Criminal Code.
[100] In my view, neither the lowest sentences advanced by the defence nor the highest proposed by the Crown achieves that balance. A sentence at the low end would understate the gravity of the offence, while one at the high end would insufficiently account for Mr. Nicholas' circumstances.
[104] Mr. Nicholas is sentenced to 30 months' imprisonment, together with the following ancillary orders.
- R. v. Nicholas, 2026 BCSC 1146 Court decision, Courts of British Columbia