Sexual assault
R. v. T.R.S.
A publication ban applies. The offender is not named.
- Below the Crown's ask
Sentence and the Crown's position
What the law allows
The offender was convicted by a jury of two counts of sexual assault against two victims who were asleep at the time. The Crown sought a global sentence of 30 months in custody and the defence a conditional sentence of two years less a day. Justice Girn imposed consecutive sentences of 9 months and 15 months, a global sentence of two years in custody, finding that a conditional sentence would not adequately address denunciation and deterrence.
In the judge's words
1This case involves numerous aggravating factors. I agree with the Crown that a custodial sentence is necessary to properly reflect the seriousness of the offences and to give effect to the principles of denunciation and deterrence. Although rehabilitation remains an important sentencing objective, it does not outweigh the need for denunciation and deterrence.
The record
- Convicted of
- Sexual assault (CC 271, 2 counts)
- Prior convictions
- 0 prior convictions1
- At the time of the offence
- Not stated1
- Defence asked for
- 2 years less a day conditional sentence1
- Appeal
- Not yet checked
- Counsel
- Crown: K.L.R. Swaby
Defence: A.J. Nix, J. Nguyen
Sources
- R. v. T.R.S., 2026 BCSC 1726 Court decision, CanLII, September 3, 2026
[4] … The Crown submits that the appropriate sentence, after considering totality, is 11 months for Count One and 19 months for Count Two. The Crown submits that these sentences should be served consecutively for a global sentence of 30 months in custody.
[5] The defence submits that the appropriate sentence is a conditional sentence order ("CSO") of two years less a day, followed by a period of probation of up to three years.
[58] Section 271 of the Criminal Code imposes a maximum sentence of 10 years' imprisonment for the sexual assault of a person over the age of 16 that is prosecuted by indictment. There is no mandatory minimum sentence.
[50] An important mitigating factor is that Mr. … has no criminal record.
[75] This case involves numerous aggravating factors. I agree with the Crown that a custodial sentence is necessary to properly reflect the seriousness of the offences and to give effect to the principles of denunciation and deterrence. Although rehabilitation remains an important sentencing objective, it does not outweigh the need for denunciation and deterrence.
[80] The sentences will be served consecutively for a global sentence of 24 months or two years in custody.
- R. v. T.R.S., 2026 BCSC 1726 Court decision, Courts of British Columbia