Voyeurism, Sexual assault

R. v. C.O.

A publication ban applies. The offender is not named.

  • Below the Crown's ask

Sentence and the Crown's position

Crown asked5 years and 6 months in custody1
Judge imposed3 years 6 months for sexual assault plus 6 months consecutive for voyeurism (4 years total)1
550 days less custody than the Crown asked

What the law allows

Maximum10 years
Crown asked5 years and 6 months in custody
Judge imposed3 years and 12 months in custody
Defence askedDischarge
For voyeurism (CC 162(1)), the Criminal Code currently allows up to 10 years when the Crown proceeds by indictment, with no mandatory minimum. The sentence imposed is 40% of the maximum. Read the section.

The offender was found guilty by a jury of sexual assault and voyeurism. The Crown sought five years for the sexual assault and six months consecutive for voyeurism; the defence sought a conditional discharge. Justice Greenwood imposed three years and six months for the sexual assault and six months consecutive for voyeurism, finding that denunciation and deterrence were paramount given repeated assaults on a victim incapacitated by drugs and alcohol.

In the judge's words

When I weigh the aggravating and mitigating factors and consider the principle of proportionality, I conclude that a penitentiary sentence within the range of sentences set out by the Court of Appeal in G.M. is appropriate.

1

The record

Convicted of
Prior convictions
0 prior convictions1
At the time of the offence
Not stated1
Defence asked for
Discharge1
Appeal
Not yet checked
Counsel
Crown: J.R. Marin
Defence: G. Garih

Sources

  1. R. v. C.O., 2026 BCSC 1859 Court decision, CanLII, September 4, 2026[3] The Crown seeks a sentence of five years on the sexual assault conviction and six months consecutive on the voyeurism count.[4] The defence seeks a conditional discharge, accompanied by a probation order.[69] The Crown is not alleging any criminal history.[98] When I weigh the aggravating and mitigating factors and consider the principle of proportionality, I conclude that a penitentiary sentence within the range of sentences set out by the Court of Appeal in G.M. is appropriate.[131] For the offence of sexual assault on Count 2, I sentence you to three years and six months of imprisonment. For the offence of voyeurism on Count 4, I sentence you to six months of imprisonment consecutive to the sentence on Count 2.
  2. Criminal Code, s. 271 Record, Justice Laws Website
  3. R. v. C.O., 2026 BCSC 1859 Court decision, Courts of British Columbia

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