Sexual assault
R. v. D.C.
A publication ban applies. The offender is not named.
- Below the Crown's ask
- On release at the time
Sentence and the Crown's position
What the law allows
After a trial, the offender was convicted of sexually assaulting a 19-year-old complainant while she was asleep and intoxicated in 2020; he was serving a conditional sentence order for dangerous driving at the time. The Crown sought three years' imprisonment and the defence a conditional sentence of two years less a day. Justice Fowler imposed two years' imprisonment, finding a penitentiary term appropriate and a conditional sentence unavailable, while giving weight to his youth at the time, good character and low risk to reoffend.
In the judge's words
1Consistent with the analytical approach endorsed in Fice, having determined that a penitentiary term is appropriate, I have determined that a conditional sentence is not available.
The record
- Convicted of
- Sexual assault (CC 271)
- Prior convictions
- 1 prior conviction1
- At the time of the offence
- On probation1
- Defence asked for
- 2 years less a day conditional sentence1
- Appeal
- Not yet checked
- Counsel
- Crown: T. Zanatta
Defence: N.C. Jacob
Sources
- R. v. D.C., 2026 BCSC 572 Court decision, CanLII, March 30, 2026
[75] The Crown submits that considering the gravity of the offence and … degree of blameworthiness, a proportionate sentence is three years imprisonment.
[78] … seeks a conditional sentence of imprisonment of two years less a day, followed by three years probation. In the alternative the defence submits that a period of incarceration of 18 months would be a fit sentence
[2] The maximum sentence for an offence under s.271 of the Code prosecuted by indictment is ten years imprisonment. There is no mandatory minimum sentence.
[12] At the time of the offence, … was subject to the conditions of a Conditional Sentence Order (CSO) imposed, pursuant to s. 742.1 of the Code, on September 8, 2020, and lasting for one month.
[36] The Reports note that excessive alcohol consumption was present for both the current offence and his prior conviction for dangerous driving
[116] Consistent with the analytical approach endorsed in Fice, having determined that a penitentiary term is appropriate, I have determined that a conditional sentence is not available.
[121] I sentence you to a term of imprisonment of two years.
- R. v. D.C., 2026 BCSC 572 Court decision, Courts of British Columbia