Sexual assault
R. v. K.C.M.
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
The offender was convicted by a jury at a re-trial of one count of sexual assault of an employee in 2014, committed while he was on bail for earlier sexual offences. The Crown sought nine months' incarceration, the sentence imposed after the first trial in 2019; the defence sought one day in custody, or alternatively a conditional sentence. Justice Ormiston imposed eight months' incarceration less 35 days already served, followed by two years of probation, citing the breach of trust and his related offending, while noting the Crown proved fewer incidents than at the first trial.
In the judge's words
1However, given, in part, the differences in what the Crown has factually proven on this trial compared to the sentencing in 2019, I find that a fit sentence is eight months' incarceration less time served.
The record
- Convicted of
- Sexual assault (CC 271)
- Prior convictions
- 5 prior convictions, 5 violent1
- At the time of the offence
- On bail1
- Defence asked for
- 1 day in custody1
- Appeal
- Not yet checked
- Counsel
- Crown: J.A. Gillings
Defence: S. Rai, Articled Student (as Agent for S. Wright)
Sources
- R. v. K.C.M., 2026 BCSC 857 Court decision, CanLII, April 24, 2026
[21] The Crown submits the sentence should be the same as the one imposed when … was convicted of this offence in 2019, that is nine months' incarceration followed by a probationary term.
[20] … The primary defence position is that, in light of this time served, a sentence of one day in custody is sufficient to meet the principles of sentencing.
[12] … was on bail at the time of the offence for sexual offences against other female employees.
[10] … In 2010 and 2011, … committed five sexual assaults. … [14] … He was sentenced globally to 46-months' incarceration for the 2010/2011 offences and participated in treatment while in a federal penitentiary.
[27] … However, given, in part, the differences in what the Crown has factually proven on this trial compared to the sentencing in 2019, I find that a fit sentence is eight months' incarceration less time served.
[27] … I find that a fit sentence is eight months' incarceration less time served. … [28] I am not persuaded that enhanced credit is appropriate for the time … served against his previous sentence. It was not pre-trial custody in the true sense of the word. Deducting 35 actual days from the eight months, the sentence remaining to be served is six months and 25 days, or 208 days. This jail sentence will be followed by two years of probation and I will go through those conditions now.
- Criminal Code, s. 271 Record, Justice Laws Website
- R. v. K.C.M., 2026 BCSC 857 Court decision, Courts of British Columbia