Sexual Assault, Touching or Attempts (Sentencing Cases)

From Criminal Law Notebook
This page was last substantively updated or reviewed March 2021. (Rev. # 86180)

Touching or Attempts

See also: Sexual Assault, Intercourse (Sentencing Cases) and Sexual Assault of Person Under 16, Without Intercourse (Sentencing Cases)
Case Name Prv. Crt. Sentence Summary
R v Zerbin,
2023 BCPC 54 (CanLII), per Gouge J
R v BJR,
2021 NSSC 26 (CanLII), per Muise J
NS SC 3 years "Mr. R. sexually assaulted his 16-year old daughter, on one occasion, including by removing her shorts and performing cunnilingus. He pled guilty. He had no prior record. He expressed remorse; but took few steps towards rehabilitation." [1]
R v Fisher,
2020 NSSC 325 (CanLII), per Jamieson J
R v Al-Rawi,
2020 NSSC 386 (CanLII), per Moir J
NS SC 2 years
R v Carter,
2020 ONSC 3642 (CanLII), per Corrick J
ON SC "In September 2016, Mr. Carter, who was 22 years old, began corresponding through Facebook Messenger, with the two complainants, his cousin, D.S. and her friend, L.D. The messages were often sexual in nature. Both girls were 14 years old and had just started grade nine. ... On October 5, 2016, Mr. Carter met the two complainants on the grounds of Hodgson Middle School. Mr. Carter kissed L.D. The three of them left the school grounds and walked around a cemetery. Mr. Carter made repeated sexual advances on L.D. while they were at the school, in the cemetery, and in a wooded area. Mr. Carter had unprotected vaginal intercourse with L.D. in the wooded area. ...Mr. Carter and the two complainants went into a shed on the top of an office building. There, he had unprotected oral sex and vaginal intercourse with both girls. Mr. Carter ejaculated once onto his shirt, and once in D.S.’s mouth. He asked her to swallow his semen, which she did." Joint recommendation.
Prior to April 2020 (R v Friesen)
Case Name Prv. Crt. Sentence Summary
R v JP,
2017 NSPC 54 (CanLII), per Chisholm J
NS PC 8 months CSO The judge also ordered lifetime SOIRA, DNA Order and firearms prohibition.
R v O’Brien,
2017 SKQB 88 (CanLII), per Dawson J
SK SC 14.3 months (time served) The offender was having an affair with the female victim. He met her at his house where he attempted to hug and kiss her. She told him not to touch her. He lifted her up and put her on the bed and attempted to undo her pants. She pushed him off. He put his hands around her neck for 5 to 10 seconds and then stopped on his own accord.
R v OB,
2016 ONSC 6861 (CanLII), per Corrick J
ON SC 2 years less a day incarceration The offender touched the victim's breasts numerous times over 5 years. He was a father figure to the victim and in a position of trust.
R v Matthews,
2016 BCPC 59 (CanLII), per Challenger J
BC PC 6 months CSO
R v Halkett,
2016 SKPC 65 (CanLII), per Robinson J
SK PC 18 months CSO The offender attempted to have anal intercourse in the police drunk tank with an unconscious detainee. He was 54-year-old aboriginal band member with a significant but dated record.
R v Nippi,
2015 SKQB 90 (CanLII), per Turcotte J
SK SC 2 years less a day incarceration The offender was found guilty of sexual assault and unlawfully in a dwelling. While intoxicated he entered a residence where a female laid sleeping. He undressed and then kissed her, fondled her and rubbed his penis against her. The offender was 35 years old and a member of a First Nations.
R v Sayers,
2015 ABCA 21 (CanLII), per curiam (2:1)
AB CA 4 years imprisonment (global) The offender was found guilty of sexual assault of two females aged 8 and 11. He touched their breasts and vaginal area underneath their clothing. One judge dissented. [Per Paperny JA with Martin JA dissenting]
R v RJW,
2014 CanLII 28797 (NLSCTD), per Halley J
NL SC 12 months CSO offender touched breasts of two female sisters aged 12 and 15. Offence occurred in the 1970s while he lived with the victims. [Per Halley SCJ]
R v Tyers,
2014 BCPC 140 (CanLII), per Smith J
BC PC 12 months offender was a chiropractor who touched the breasts and vagina of a patient. [Per Smith PCJ]
R v Klok,
2014 ABPC 102 (CanLII), per Allen J
AB PC 9 months Offender was a teacher of the complainant, engaged in masturbation. Complainant was around 18 years old. The offender was in a position of trust at the time. [Per Allen PCJ]
R v Long,
2013 ONCJ 617 (CanLII), per Baldwin J
ON PC 90 days intermittent The offender touched the breasts of the victim on three occasions. He was the victim's employer. He was 60 years old. She was 29 years old and had a learning disability. He had no criminal record and was remorseful.
R v Racco,
2013 ONSC 1517 (CanLII), per Durno J
ON SC CSO The offender touched the victim's vaginal area through her clothes and put his tongue in her mouth while kissing. The offender was 49 years old and the victim's boss. He had no prior record. The victim claimed but unproven PTSD from the incident. Trial judge ordered 6 months jail. Summary Conviction Appeal changed the sentence to a Conditional Sentence Order.
R v Millette,
2013 QCCS 3479 (CanLII), per Moulin J
QC SC fine + probation
R v Myette,
2013 ABCA 371 (CanLII)
AB CA 18 months "the court set aside an 18-month suspended sentence for sexual assault which had been imposed due to the trial judge's determination that a prison sentence would be unduly harsh due to the offender's visual impairment." "The offender had digitally penetrating his friend's vagina while she was asleep. Myette was blind and required 24 hour assistance from his guide dog." [2] [3]
R v Wilson,
2012 NBQB 326 (CanLII), per McLellan J
NB SC 24 months The offender was a bartender who sexually assaulted female in washroom. Conduct involved forced oral sex, fondled her breasts, fingered her and tried to stick a sex toy in her anal region, attempted intercourse. The victim fell and was permanently injured during incident. [Per McLellan SCJ]
R v Burton,
2012 ONSC 5920 (CanLII), per Maranger J
ON SC absolute discharge
R v H(J),
2012 ONCJ 753 (CanLII), per M Green J
ON PC Conditional Discharge
R v Boden,
2012 BCPC 331 (CanLII), per Giardini J
BC PC 6 to 9 months also sentenced to assault peace officer--offender grabbed the buttocks of two women unknown to him in an attempt to flirt with them.
R v TJH,
2012 BCPC 115 (CanLII), per Ellan J
BC PC discharge The offender was convicted for touching over clothes. No SOIRA ordered because not a "conviction".
R v Martell,
2012 SKPC 47 (CanLII), per Harradence J
SK PC 9 months sexual assault of person at a party. Female was passed out naked, offender fondled breasts, undressed himself, got on top of her, no evidence of injury or penetration.
R v BRE,
2012 NSSC 253 (CanLII), per Coughlan J
NS SC Absolute Discharge
R v Tuffs,
2012 SKCA 6 (CanLII), per Lane JA
SK CA 12 months The offender put his hand down the pants of victim, touching of genitals, approximately 30 seconds in duration, Crown appeal of a suspended sentence.
R v Pratt,
2011 BCPC 382 (CanLII), per Pothecary J
BC PC 5 years imprisonment digital penetration; oral sex; attempted intercourse; violence used
R v Trotman,
2011 ONCJ 604 (CanLII), per Lipson J
ON PC 8 months The offender was convicted of grabbing 15 year old girl multiple times, included hugs and kisses.
R v Ince,
2011 NBQB 324 (CanLII), per Grant J
NB SC 9 months touching female while she was asleep
R v DT,
2011 ONCJ 545 (CanLII), per Dean J
ON PC 18 months digital penetration; touching; victim was disabled by C.P.
R v McDonald,
2011 ABCA 307 (CanLII), per Bielby JA (2:1)
AB CA 32 months attempted sexual assault; unlawful entry
R v Paulin,
2011 ONSC 5027 (CanLII), per Spies J
ON SC 2 years less a day CSO attempted oral and anal intercourse
R v JW,
2010 NSPC 40 (CanLII), per Tax J
NS PC Conditional Discharge
R v Abdullahi,
2010 YKTC 76 (CanLII), per Cozens J
YK SC 3 months CSO + probation The offender was a taxi driver who put the victim's hand on his groin area, exposed his penis and then put her hand on it. The offender had no record.
R v LP,
2009 BCPC 279 (CanLII), per Ellan J
BC PC Suspended Sentence The offender was convicted at trial of groping the victim and forcing her to touch him on one occasion.
R v CRP,
2009 ABPC 32 (CanLII), per LeGrandeur J
AB PC Suspended Sentence Offender was flirting with 17 year old he knew for 8 years. He "momentarily touched her vaginal area outside her clothing, moving his fingers during the touch".
R v Chrispen,
2009 SKCA 63 (CanLII), per Hunter JA
SK CA 9 months CSO 18 year old accused; fondled breasts of victim; no record
R v Goulet,
2008 MBPC 6 (CanLII), per Devine J
MB PC 3 years imprisonment grabbing a stranger in public, attempted to knock her out and sexually assault her; stopped by samaritans
R v A. (B.),,
2008 ONCA 556 (CanLII), per Moldaver and Simmons JJA
ON CA 3.5 years imprisonment vulnerable victim; assault over 18 months
R v Dahouky,
2008 CanLII 19498 (ON SC), per McDermid J
ON SC 9 months jail & probation failed attempt to penetrate victim while asleep
R v Calnen,
2008 NSCA 6 (CanLII), per Bateman JA
NS CA 4 months CSO sexual touching of bottocks; accused impaired by alcohol at time
R v ADC,
2008 SKCA 108 (CanLII), per Richards JA
SK CA 30 months fondling of sleeping victim while in drunk tank
R v Jennings-Grimwood,
ONCJ 481 {{{3}}}
ON PC 6 months jail & probation undress sleeping victim; ejaculated on her leg; no sexual intercourse
R v Roberge,
2007 ONCA 435 (CanLII), per curiam
ON CA 3 years imprisonment disabled victim passed out; appeal of conditional sentence
R v Rusk,
2007 ABCA 189 (CanLII), per Hunt JA
AB CA 4 years imprisonment fondling and attempted sexual assault of a spastic quadriplegic.
R v M(D),
2007 ONCA 690 (CanLII), per curiam
ON CA 1 year incarceration child under age of 10; sexual touching; no record {{{5}}}
R v Cook,
2007 ABPC 86 (CanLII), per Allen J
AB PC church minister sexually assaults two persons (age 13 and 20), not position of trust
R v Durnford,
2006 CanLII 34694 (NL P.C.), per Gorman J
NL PC 9 months confined, fondled and undressed victim
R v Wark,
2006 ONCJ 197 (CanLII), [2006] OJ No 2202 (C.J.), per Brophy J
ON PC 6 months age 25; no record; digital penetration
R v Iron,
2005 SKCA 84 (CanLII), per Sherstobitoff JA
SK CA 20 months victim passes out on bed during a party; offender digitally penetrates her and fondles her
R v Gilmour,
2005 ABQB 354 (CanLII), per Lee J
AB SC Conditional Discharge
R v PSB,
2004 NSCA 25 (CanLII), per Cromwell JA
NS CA 25 months The offender was convicted for touching, masturbating and performing oral sex with his 4 year old son.
R v AJA,
2004 NSSC 242 (CanLII), per Cacchione J
NS SC 12 months CSO The offender convicted of sexual touching. He lived with a child under the age of 14 and her mother. The child asked the accused to father her a child because they were "soul mates". He was 49 years old and had an unrelated record from over 25 years ago.
R v ASG,
2004 NSCA 7 (CanLII), per Cromwell JA
NS CA 8 years imprisonment (global) See Making Child Pornography (Sentencing Cases) for summary
R v MJH,
2004 SKCA 171 (CanLII), per Sherstobitoff JA
SK CA 2.5 years imprisonment victim passed out; offender found humping unconscious victim; removed victim's clothes
R v Stoney,
2004 ABPC 3 (CanLII), per Allen J
AB PC 10 years imprisonment Summary of case is pending.
R v Ingrey,
2003 SKQB 300 (CanLII), per Rothery J
SK SC Conditional Discharge, 12 months probation
R v Noiles,
2002 NSSC 112 (CanLII), per Wright J
NS SC 8 years imprisonment The offender was convicted of break & enter and sexual assault. He broke into the house of an elderly 74 year old female. He woke her up when he got on top of her and held her down. He was 35 years old and had a prior record with 6 break & enter, 3 sexual assaults including two of which were against elderly women.
R v DWG,
1999 ABCA 270 (CanLII), per Fraser CJ
AB CA 3.5 years minus remand The victim was confronted by drunk husband. He slapped her, stripped her naked, choked her with one of his forearms across her throat, and, while lying on top of her, attempted to have sexual intercourse. He was too drunk to complete the sex act.
R v Van de Wiele,,
1997 CanLII 9695 (SKCA), per Cameron JA
SK CA 2.5 years imprisonment The offender, age 25, had drinks with victim at his house; attempted fondling and attempted penetration; victim got away; bruising found on victims body.
R v Cameron,
1995 CanLII 8967 (PE SCAD), , 1995 CarswellPEI 47, [1995] PEIJ No 163, 136 Nfld. & PEIR 105, per Carruthers CJ
PEI CA 12 months The offender was a doctor who touched several patients in a sexual manner.
R v Richardson,
1992 CanLII 12753 (ON CA), 74 CCC 15 (Ont CA), per Carthy JA
ON CA 2 years imprisonment infatuated with victim, broke into apartment, offender was intoxicated former lover
R v Cameron,
, (1991) 75 Man. R. 290 (CA)(*no CanLII links)
MB CA 3 years imprisonment picked up victim in car and drove to isolated area
R v DAW,
1991 CanLII 4533 (NSCA), per Matthews JA
NS CA 8 months victim woke up to accused performing oral sex on her.
R v Atkins,
1988 CanLII 201 (NLCA), per Goodridge CJ
NL CA 2 years imprisonment three incidences over several years; fondling of 9 year old child