Sexual Assault (Sentencing Cases) (2000 to 2019)

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Digests

See also: Sexual Assault (Sentencing Cases) and Sexual Assault (Sentencing Cases) (2020 to present)
Case Name Prv. Crt. Sentence Summary
2019
R v Jensen, 2019 ABQB 873 (CanLII), per Dunlop J AB SC 18 months CSO "the offender invited the complainant to his apartment, where they watched a movie. The complainant fell asleep on the couch and woke up to the accused massaging her. She pretended to continue sleeping while the accused rubbed her breasts under her shirt and inserted his fingers into her vagina. Justice Dunlop found the offender committed a major sexual assault but held it was “at the low end of the range of major sexual assaults.” "
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Keywords: summary election — CSO
R v Milosevic, 2019 ABQB 199 (CanLII), per Gill J AB SC "the victim and the offender arrived at a friend’s apartment with several other people. The victim was asleep in a bedroom when the offender began touching her. The offender proceeded to kiss, undress, and insert his tongue into her vagina after she awoke: Milosevic at para 12. The offender was a Serbian working in Canada as a drywaller and painter on a temporary foreign worker visa. The conviction would likely result in his deportation. He was described in reference letters as kind and reliable. The trial judge found it mitigating that “the Accused is of above average good character and that this offence was out of character”. The vulnerability of the sleeping victim was aggravating. The offender was sentenced to 30 months in prison: Milosevic at paras 22, 24-26, 43." [1]
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Keywords: None
R v Shrivastava, 2019 ABQB 663 (CanLII), per Antonio J AB QB The accused had forced vaginal intercourse on an unconscious female without a condom.
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Keywords: sleeping
R v BAB, 2019 BCPC 172 (CanLII), per Hewson J BC PC
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Keywords: None
R v Percy, 2019 NSPC 12 (CanLII), per Buckle J NS PC 2 years imprisonment (Sexual Assault)
1 years imprisonment (voyeur)

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Keywords: None
2018
R v CWZ, 2018 ONSC 3478 (CanLII), per Akhtar J ON SC 6 years (global) The offender was convicted of sexual assault against his wife and daughter.
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Keywords: None
R v FHL, 2018 ONCA 83 (CanLII), per Epstein JA ON CA 8 years imprisonment The offender sexually assaulted his girlfriend's 12 year old daughter. The victim gave birth to a child.
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Keywords: None
R v JAM, 2018 NSSC 285 (CanLII), per Scaravelli J NS SC
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Keywords: None
2017
R v Sitko, 2017 ABCA 434 (CanLII), per curiam AB CA "the offender committed a major sexual assault on a sleeping victim. In a memorandum that contains little detail about the offence or the offender, the Court of Appeal increased the sentence of imprisonment from 18 months to two years less a day, while maintaining an 18-month probation order. It held that the sentencing judge had properly “referenced the respondent’s intoxication to explain – but not to justify or mitigate - the behavior of an otherwise pro-social mature adult” and correctly accounted for mitigating factors that included remorse and “better-than-average character, both of which are supported by the positive pre-sentence report and supporting letters”. It found that the sentencing judge had failed “to expressly consider the complainant’s vulnerability as a sleeping and intoxicated victim”, underscoring that it had, “on numerous occasions, unequivocally condemned the act of sexually assaulting a sleeping or unconscious complainant and, in doing so, has sent a strong message that sexually assaulting someone in a vulnerable position is an aggravating factor on sentencing.” The court emphasized that the sentence it imposed was “towards the low end of the applicable range in the circumstances of this case”: Sitko at paras 4-6, 8-9." [2]
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Keywords: None
R v Krueger, 2017 ABQB 459 (CanLII), per Jerke J AB SC "the victim was 16 years of age at the time of the offence and was attending a party at her friend’s place. Most of the guests were adults, including the 42-year-old offender. The victim fell asleep in her friend’s bedroom. The offender entered the room and rubbed her body, digitally penetrated her vagina, and performed cunnilingus while she slept. He was sentenced to two and a half years’ imprisonment. The court found he had a stable personal life and there was no need for further special deterrence. However, in addition to the aggravation of the victim’s age and unconscious state, the court was concerned that the offender’s attitude appeared to be “entrenched in stereotypical thinking and myth-like beliefs”, including believing the victim was “flirting” with him, inferring consent from the victim’s silence, and otherwise shifting the responsibility to the victim. The 30-month jail sentence was “meant to seriously denounce this conduct, dislodge [the offender’s] attitudes and the attitudes of others like-minded, and to deter others who might otherwise act on those wrong attitudes”: Krueger at paras 3-4, 8-11, 43, 48-49, 54, 56." [3]
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Keywords: None
R v Wright, 2017 ABPC 150 (CanLII), per Yake J AB PC "the victim allowed the homeless offender to sleep in her apartment because of the bad weather and awoke to the offender thrusting his penis inside her vagina. The offender was a 56-year-old indigenous man with a criminal record. He was raised in an atmosphere of poverty, alcohol abuse and racism and had struggled with substance abuse himself. He had little education and had held a variety of jobs ranging from farm hand to carpenter. He showed no insight into the effects of his conduct on the victim or the community. It was aggravating that the offender abused the victim’s kindness and hospitality. Gladue factors diminished his moral culpability to some extent and mitigated the sentence by six months. The offender was sentenced to 48 months in prison: Wright at paras 7-15, 29-30, 32-46, 51, 54-56, 62." [4]
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Keywords: None
R v Burton, 2017 NSSC 181 (CanLII), per Arnold J NS SC 2 years imprisonment, probation "a major sexual assault that included unprotected vaginal intercourse. The offender twice masturbated next to the victim and rubbed his ejaculate on her hand. The victim was asleep or unconscious when assaulted. The sentence was two years imprisonment followed by three years probation. The offender with no criminal record successfully battled his addiction issues, ran a successful business, admitted guilt and was remorseful and the sole caregiver for twin toddlers and would be eligible for community based sexual offender treatment which was ordered as part of the conditions of probation." [5]
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Keywords: vaginal intercourse — asleep
R v Simpson, 2017 NSPC 25 (CanLII), per Tax J NS PC 3 years imprisonment "The accused and victim went on a date and had consensual oral sex. The victim was clear that she did not want to have vaginal sex. Despite her expressed objection, the accused had unprotected vaginal intercourse with her. There were no other allegations of violence or abuse. The Court held that the range for this type of offence was two-to-three years. The accused had no prior record, lived a prosocial life and had a career in the navy. He was described by others as a “dedicated family man” , and “very reliable” navy seaman. I note that this case was decided pre-Friesen. While I have considered I attach less weight to its precedential value." [6]
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Keywords: None
R v Meyers, 2017 SKQB 4 (CanLII), per McMurtry J SK SC 5 years The offender was convicted of sex assault and uttering threats. He used threats to coerce sex. He digitally penetrated the female victim's vagina and anal intercourse.
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Keywords: None
R v Adubofour-Poku, 2017 BCPC 192 (CanLII), per RP Harris J BC PC
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Keywords: None
R v Narcisse, 2017 BCSC 2485 (CanLII), per Donegan J BC SC 2 years less a day "the offender in that case had been told to leave the intoxicated victim alone when she was put to bed. A friend went to check on her and he discovered Mr. Narcisse engaged in intercourse with her while she was unconscious. He refused to stop when the friend demanded he leave, pushed the friend out, and slammed the door, leaving only when the friend returned confronting him with a knife. The Court imposed a sentence of two years less one day followed by probation, commenting that this sentence was at the bottom end of the range for such an offence." [7]
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Keywords: None
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.
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Keywords: None
R v Laidman, 2017 ONCJ 792 (CanLII), per Gage J ON PC "the complainant and offender were friends. One evening, the offender stroked the complainant’s penis under his clothes. The complainant told him to stop, but the offender persisted and the stroking continued. The complainant told the offender to stop three more times. The offender pushed the complainant on his back, pulled down his pants, performed fellatio for two minutes, and put his finger in his anus before stopping. The offender was 24 years old, had no criminal record, had an alcohol addiction, and sought counselling after the offence."
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Keywords: None
R v Clase, 2017 ONSC 45 (CanLII), per O'Marra J ON SC 5 years imprisonment " After trial the accused was found guilty of sexual assault and attempt to choke. The accused and victim met at a bar and afterward the victim and the accused’s friend attended his residence. At some point during the evening the accused pushed her on the bed and forced vaginal intercourse. She was choked during the events. The 36-year-old accused had no prior record, was gainfully employed, and described by others as a “good person” and “reliable worker”." [8]
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Keywords: choking — intercourse
R v O’Brien, 2017 SKQB 88 (CanLII), per Dawson J SK SC 14.3 months imprisonment (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.
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Keywords: None
R v OB, 2016 ONSC 6861 (CanLII), per Corrick J ON SC 2 years less a day imprisonment 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.
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Keywords: None
R v JLM, 2016 ABPC 285 (CanLII), per Redman J AB PC 6 months imprisonment Touched breasts and attempted to touch inside pants.
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Keywords: 16-year-old step-daughter — 15 incidents
R v Matthews, 2016 BCPC 59 (CanLII), per Challenger J BC PC 6 months CSO
Keywords: pastoral counsellor — sexual dysfunction — 29-year-old victim — 67-year-old offender
R v Hume, 2016 BCCA 230 (CanLII), per Garson JA BC CA
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Keywords: None
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.
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Keywords: None
2015
R v Nippi, 2015 SKQB 90 (CanLII), per Turcotte J SK SC 2 years less a day imprisonment 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.
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Keywords: None
R v CBK, 2015 NSSC 62 (CanLII), per Gogan J NS SC 4.5 years imprisonment "After trial the accused was found guilty of six offences: sexual assault, unlawful confinement, assault causing bodily harm, two counts of uttering threats, and theft. The accused and victim were in a common law relationship. Prior to the events before the court there had been no history of violence within the relationship. The offender suspected the victim had been unfaithful with a former boyfriend. Upon seeing pictures of the victim with her former boyfriend on the victim’s phone he lost control. Throughout the night the accused hit the victim many times causing physical injury. He threatened her, took her money, and ultimately forced intercourse without her consent. The accused was 26 years of age and had a significant prior record." [9]
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Keywords: None
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]
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Keywords: None
R v Rosenthal, 2015 YKCA 1 (CanLII) per Schuler J YK CA "the court referred to the range in Yukon—involving non-consensual sexual intercourse with a sleeping or unconscious victim—as being 12–30 months jail time. The suspended sentence in the court below was found to be unfit and a 14-month jail term was imposed."
2014
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.
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Keywords: None
R v Tyers, 2014 BCPC 140 (CanLII), per Smith J BC PC 12 months imprisonment offender was a chiropractor who touched the breasts and vagina of a patient.
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Keywords: None
R v Garrett, 2014 ONCA 734 (CanLII), per curiam ON CA "the Ontario Court of Appeal, raised a sentence of 90 days to 18 months on a Crown appeal of sentence. The complainant and the accused knew each other. They went out on a date and had dinner and drinks. They engaged in consensual kissing but then the complainant told the accused to stop. He did not stop and instead forced vaginal intercourse on her over her constant objection, causing bruising to the complainant’s tailbone and inner thigh." [10]
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Keywords: None
R v Klok, 2014 ABPC 102 (CanLII), per Allen J AB PC 9 months imprisonment 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.
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Keywords: None
R v SP, 2014 BCSC 2545 (CanLII), per Tindale J BC SC
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Keywords: None
R v McLean, 2014 BCSC 1293 (CanLII), per Romilly J BC SC 3 years imprisonment
Keywords: anal intercourse — unconscious
R v Eustache, 2014 BCCA 337 (CanLII), per Frankel JA BC CA
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Keywords: None
2013
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.
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Keywords: None
R v Millette, 2013 QCCS 3479 (CanLII), per Moulin J QC SC fine + probation
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Keywords: None
R v Myette, 2013 ABCA 371 (CanLII) AB CA 18 months imprisonment "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." [11] [12]
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Keywords: None
R v JWS, 2013 NSPC 7 (CanLII), per Derrick J NS PC "on May 6 Mr. S. was angry at MLC because she had ignored his texts and calls. There was also the issue of the abortion which MLC was insisting on going ahead with. Mr. S. pushed around MLC's furnishings in anger, bit her in anger, went and took a knife from the kitchen in anger, tore her t-shirt in anger, tore her underpants in anger, and then had sex with her. Mr. S. dominated MLC that night and did nothing to ensure that in spite of everything that had happened in the bedroom, she was a willing sexual partner."
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Keywords: None
R v Sun, 2013 BCPC 334 (CanLII), per Rideout J BC PC "the offender was an acupuncturist and massage therapist. The victim was his employee. They had been out for dinner on two occasions which the victim said was platonic. He touched and bit her breast during a massage believing that she was interested in a sexual relationship." [13]
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Keywords: None
R v Yamelst, 2013 BCSC 1689 (CanLII), per Willcock J BC SC 18 months imprisonment
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Keywords: unconscious
R v DS, 2013 ONCA 244 (CanLII), per MacPherson JA ON CA 12 years imprisonment sexual assault on wife
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Keywords: None
R v Michelin, 2013 SKQB 390 (CanLII), per Dawson J SK QB 1 years imprisonment
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Keywords: None
2012
R v Wilson, 2012 NBQB 326 (CanLII), per McLellan J NB SC 24 months imprisonment 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.
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Keywords: None
R v Chandra, 2012 BCPC 543 (CanLII), per Rounthwaite J BC PC
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Keywords: None
R v Burton, 2012 ONSC 5920 (CanLII), per Maranger J ON SC absolute discharge
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Keywords: None
R v H(J), 2012 ONCJ 753 (CanLII), per M Green J ON PC Conditional Discharge
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Keywords: None
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.
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Keywords: None
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".
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Keywords: None
R v Martell, 2012 SKPC 47 (CanLII), per Harradence J SK PC 9 months imprisonment 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.
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Keywords: None
R v BRE, 2012 NSSC 253 (CanLII), per Coughlan J NS SC Absolute Discharge
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Keywords: None
R v Tuffs, 2012 SKCA 6 (CanLII), per Lane JA SK CA 12 months imprisonment The offender put his hand down the pants of victim, touching of genitals, approximately 30 seconds in duration, Crown appeal of a suspended sentence.
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Keywords: None
R v Moosomin, 2012 SKQB 386 (CanLII), per Zarzeczny J SK SC 33 months imprisonment
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Keywords: None
R v DS, 2012 SKQB 118 (CanLII), per Acton J SK SC 30 months imprisonment forced intercourse with ex-partner.
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Keywords: None
R v Freake, 2012 NLCA 10 (CanLII), per Welsh and Rowe JJA NL CA 4 years imprisonment force intercourse between partners.
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Keywords: None
R v RK, 2012 SKPC 17 (CanLII), per Klause J SK PC 18 months imprisonment historical sexual assault (1982), sexual intercourse with step daughter
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Keywords: None
R v DHE, 2012 NSSC 260 (CanLII), per Scaravelli J NS SC 3 years imprisonment
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Keywords: intoxication
R v JJW, 2012 NSCA 96 (CanLII) NS CA
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Keywords: None
2011
R v PN, 2011 NLTD 158 (CanLII), per Goodridge J NL SC 3 years imprisonment intercourse with teenage niece, threatened if she called police
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Keywords: None
R v NKP, 2011 ABCA 361 (CanLII), per Slatter JA AB CA 9 years imprisonment assaulted 7 family members; recorded some on video
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Keywords: None
R v Murphy, 2011 NLCA 16 (CanLII), per Welsh JA NL CA 3.5 years imprisonment forced intercourse in front seat of vehicle, prior record for violence.
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Keywords: None
R v IKL, 2011 NLTD 7 (CanLII), per Seaborn J NL SC 3 years imprisonment numerous incidents of intercourse with a minor
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Keywords: None
R v Dorah, 2011 ONSC 6503 (CanLII), per MacDonnell J ON SC 2 years less a day imprisonment forced intercourse in a dating couple
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Keywords: None
R v Smith, 2011 ONCA 564 (CanLII), per Epstein JA ON CA "Numerous counts involving two victims on the sentence appeal. The facts involved a death threat to D.Q., and assaults on M.O., including a sexual assault. The Court endorsed the proposition that in cases of sexual assault involving forced intercourse with a spouse or former spouse, sentences generally ranged from twenty‑one months to four years. The Court noted that the Crown had chosen to not cross‑appeal sentence, and therefore would not impose a sentence exceeding three years’ incarceration"
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Keywords: None
R v Berens, 2011 MBQB 255 (CanLII), per Schulman J MB SC 2 years less a day imprisonment intercourse while asleep; no remorse; gladue factors
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Keywords: None
R v WHA, 2011 NSSC 246 (CanLII), per Roskinski J NS SC 5 years imprisonment
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Keywords: None
R v Pratt, 2011 BCPC 382 (CanLII), per Pothecary J BC PC 5 years imprisonment digital penetration; oral sex; attempted intercourse; violence used
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Keywords: None
R v BL, 2011 BCPC 254 (CanLII), per Palmer J BC PC "the offender was the employer of a female adult. When the female employee went to his office, he put his arm around her and slid his hand up under her top and fondled her breasts. He then tried to lower the zipper on her pants and was told to stop and did so. A conditional discharge was granted." [14]
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Keywords: None
R v Trotman, 2011 ONCJ 604 (CanLII), per Lipson J ON PC 8 months imprisonment The offender was convicted of grabbing 15 year old girl multiple times, included hugs and kisses.
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Keywords: None
R v JS, 2011 ONSC 1743 (CanLII), per Lalonde J ON SC
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Keywords: None
R v Ince, 2011 NBQB 324 (CanLII), per Grant J NB SC 9 months imprisonment touching female while she was asleep
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Keywords: None
R v DT, 2011 ONCJ 545 (CanLII), per Dean J ON PC 18 months imprisonment digital penetration; touching; victim was disabled by C.P.
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Keywords: None
R v McDonald, 2011 ABCA 307 (CanLII), per Bielby JA (2:1) AB CA 32 months imprisonment attempted sexual assault; unlawful entry
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Keywords: None
R v Paulin, 2011 ONSC 5027 (CanLII), per Spies J ON SC 2 years less a day CSO attempted oral and anal intercourse. "[T]he complainant and the offender were men in the military. One evening, the offender grabbed the complainant and pushed him to the ground, laid on top of him, and tried to make him perform oral sex on him. The complainant did not open his mouth. The offender then tried to perform oral sex on the complainant but was unsuccessful. The offender then pushed the complainant against a bench and attempted to lick his anus and insert his penis. The offender was of Indigenous heritage, did not have a criminal record, and asserted his innocence at the sentencing hearing."
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Keywords: None
2010
R v JW, 2010 NSPC 40 (CanLII), per Tax J NS PC Conditional Discharge
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Keywords: None
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.
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Keywords: None
R v AN, 2010 ONCJ 288 (CanLII), per Diguseppe J ON PC 2 years less a day imprisonment parties knew each other; moderate use of force; accused intoxicated
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Keywords: None
R v RRW, 2010 NLTD 135 (CanLII), per Goodridge J NL SC 4 years imprisonment broke into residence of 14-year-old niece, full intercourse, threatened victim if she called police
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Keywords: None
R v Reyes-Borgwardt, 2010 BCSC 1594 (CanLII), per Grauer J BC SC Conditional Discharge "involves a number of intoxicated males photographing an unconscious male friend with his buttocks bared and the offender mimicking oral/anal sex. A conditional discharge was granted." [15]
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Keywords: None
2009
R v Kasokeo, 2009 SKCA 48 (CanLII), per Cameron JA SK CA 27 months imprisonment sleeping victim; appeal from 15 months jail; "probably" full intercourse
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Keywords: None
R v Zarpa, 2009 NLTD 175 (CanLII), per Goodridge J NL SC 3.5 years imprisonment intercourse with sleeping woman
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Keywords: None
R v Nolan, 2009 ONCA 727 (CanLII), per curiam ON CA 21 month CSO "[T]he offender and the complainant were married. The offender tied down the complainant on their bed, covered her mouth with duct tape, punched her in the face, and threatened to cut her vagina. After cutting her loose, the offender and the complainant engaged in non-consensual sexual intercourse. The complainant suffered from bruising and swelling on her face."
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Keywords: None
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.
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Keywords: None
R v Kasokeo, 2009 SKCA 48, 324 Sask. R. 156, {{{2}}}(*no CanLII links) SK CA "the victim had fallen asleep after drinking. She awoke to find her pants and underwear at her ankles and the offender was behind her engaging in a sexual act. The offender was thrusting behind her but it was not entirely clear whether penile penetration occurred. This Court overturned the 15 month sentence and imposed one of 30 months. Unlike the appellant, the offender had a very minor record consisting of convictions for two break and enters, uttering a forged document and two for failing to attend court." [16]
Keywords: None
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".
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Keywords: None
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.
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Keywords: 18-year-old — touching over clothing
2008
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
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Keywords: None
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
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Keywords: None
R v Dahouky, 2008 CanLII 19498 (ON SC), per McDermid J ON SC 9 months jail & probation failed attempt to penetrate victim while asleep
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Keywords: None
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
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Keywords: None
R v ADC,
2008 SKCA 108 (CanLII), 236 C.C.C. (3d) 92, per Richards JA
SK CA 30 months imprisonment "the offender and the victim had been picked up by the police and placed in the drunk tank. The victim had fallen asleep and the offender began cuddling him. He then removed the victim’s pants and rubbed his buttocks. The offender them removed his pants and engaged in what appeared to be simulated anal intercourse. Actual penetration was not established. The victim never awoke. The offender had six prior convictions on his record including one for sexual assault. This Court overturned the conditional sentence and imposed a sentence of 30 months incarceration."
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Keywords: None
R v Paul,
2008 ABQB 273 (CanLII), 445 AR 203, per Burrows J
AB SC 2 years less a day CSO "the offender had unprotected vaginal sexual intercourse with the complainant while she was “completely out of it” and “half awake.” Both had consumed alcohol. When the intercourse was over, the offender dressed the complainant and took her home. The next morning, the complainant had no memory of the events. The offender pleaded guilty, was 20 years old, and had an unrelated criminal record."[17]
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Keywords: summary election
R v Sampson, 2008 ONSC 1665(*no CanLII links) ON SC "the complainant went to a nightclub. The offender was the manager of the club. The offender had non-consensual intercourse with the complainant despite her objections that he stop. The intercourse lasted five to ten minutes. The complainant was dizzy, nauseous, and intoxicated. The offender consumed little alcohol. The offender was 32 years old, had an unrelated criminal record, and was found guilty after a trial. Justice Newbould sentenced the offender to a CSO of two years less a day." [18]
Keywords: None
R v DBR, 2008 ONCJ 412 (CanLII), per McGrath J ON PC 10 years imprisonment (JR) sexual assault x 3; sexual touching of minor x 2; confinement x 1. Occurred over several years
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Keywords: None
R v Woods, 2008 SKCA 40 (CanLII), per Richards JA SK CA 22 months imprisonment confinement, violence, digital penetration, intercourse, prolonged
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Keywords: None
R v M(B), 2008 ONCA 645 (CanLII), per curiam ON CA "Accused had been sentenced to nine months’ imprisonment with two years’ probation and SOIRA Order for seven years of compliance. The Crown appealed. The Court allowed the appeal, increasing the imprisonment term to two years less one day, and a mandatory twenty year SOIRA Order. The Respondent had engaged in anal intercourse with his developmentally delayed wife without her consent. The Court indicated that prior abusive conduct may be relevant to the sentencing to show the character and background of the offender, particularly to assess the need for individual deterrence, rehabilitation, or the protection of the public. Sentence at trial failed to send the message that those who victimize their partners within the context of the marital relationship must know that serious consequences will follow;"
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2007
R v Byer, 2007 ONCA 694 (CanLII), per curiam ON CA 6 years imprisonment administered drug and performed unprotected sex on 4 victims; occurred over 15 years
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R v Law, 2007 ABCA 203 (CanLII), per curiam AB CA 3 years imprisonment victim passes out at a party; digital penetration, full penetration
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R v Marriott, 2007 NSSC 99 (CanLII), per Robertson J NS SC 12 months CSO Offender touched breast and vagina of female aged 22. Victim had intellectual deficits.
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R v Jennings-Grimwood, 2007 ONCJ 481(*no CanLII links) ON PC 6 months jail & probation undress sleeping victim; ejaculated on her leg; no sexual intercourse
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R v Roberge, 2007 ONCA 435 (CanLII), per curiam ON CA 3 years imprisonment disabled victim passed out; appeal of conditional sentence
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R v Rusk, 2007 ABCA 189 (CanLII), per Hunt JA AB CA 4 years imprisonment fondling and attempted sexual assault of a spastic quadriplegic.
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R v M(D), 2007 ONCA 690 (CanLII), per curiam ON CA 1 year imprisonment child under age of 10; sexual touching; no record
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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
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2006
R v Durnford, 2006 CanLII 34694 (NL P.C.), per Gorman J NL PC 9 months imprisonment confined, fondled and undressed victim
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R v Wark,
2006 ONCJ 197 (CanLII), [2006] OJ No 2202 (C.J.), per Brophy J
ON PC 6 months imprisonment age 25; no record; digital penetration
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R v Rich, 2006 NLTD 84 (CanLII), per Fowler J NL SC 3 years imprisonment
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Keywords: forced intercourse
R v AO, 2006 ONCJ 117 (CanLII), per Gage J ON PC 12 month CSO "[T]he complainant and offender were in a romantic relationship. The offender arrived at the complainant’s apartment late one night and fought. A struggle ensued, in which the offender attempted to and succeeded in removing the complainant’s pants. The complainant resisted, saying “no.” The offender pushed the complainant onto the couch, entered her vagina without a condom, and ejaculated into her. The offender had no criminal record and asserted his innocence at the sentencing hearing. Justice Gage sentenced the offender to a 12-month CSO."
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R v F(EW), 2006 NLTD 91 (CanLII), per Seaborn J NL SC 18 months imprisonment intercourse with adult sister while she was asleep, alcohol involved.
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2005
R v Iron, 2005 SKCA 84 (CanLII), per Sherstobitoff JA SK CA 20 months imprisonment "he victim awoke to find the offender on top of her, kissing her and pressing his body against her. She told him to stop but he would not. He held her hands above her head, fondled her breasts and genitals and digitally penetrated her vagina. Mr. Iron was a father to five children. He had a positive upbringing and completed substance abuse treatment before he was sentenced. He had a criminal record that was, relatively speaking, minor and unrelated. This Court overturned the two years less one day conditional sentence and imposed 20 months incarceration after giving the offender credit for serving part of the conditional sentence." [19]
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R v Gilmour, 2005 ABQB 354 (CanLII), per Lee J AB SC Conditional Discharge
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2004
R v PSB, 2004 NSCA 25 (CanLII), per Cromwell JA NS CA 25 months imprisonment The offender was convicted for touching, masturbating and performing oral sex with his 4 year old son.
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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.
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R v ASG, 2004 NSCA 7 (CanLII), per Cromwell JA NS CA 8 years imprisonment (global) See Making Child Pornography (Sentencing Cases) for summary
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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
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R v Stoney, 2004 ABPC 3 (CanLII), per Allen J AB PC 10 years imprisonment
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2003
R v Ingrey, 2003 SKQB 300 (CanLII), per Rothery J SK SC Conditional Discharge, 12 months probation
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R v GLJP,
2003 NSSC 168 (CanLII), [2003] NSJ No 509, per A Boudreau J
NS SC 10 years imprisonment The offender was convicted of aggravated sexual assault, sexual assault of a weapon, unlawful confinement, and uttering threats. His girlfriend tried to break up with him and so he tortured her over 3 hours. He slashed her face with a knife, splitting her lip and then had intercourse with her on a chair.
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R v RG, 2003 NLCA 73 (CanLII), per Cameron JA NL CA "the offender was sentenced to six months imprisonment for an act of non‑consensual sexual intercourse with his spouse. In upholding the sentence, the Court of Appeal indicated that “in this Province the normal range of sentence for sexual assault involving penetration is three to seven years.” However, it concluded the trial judge was correct in concluding that “the circumstances of this case are quite unusual and that this case is an appropriate one for a sentence below the normal range.” There the couple remained together after the assault and had consensual relations for another seven months. The wife gave a statement to the police only after their separation. Moreover, the offender had served his sentence and been released. None of these facts are present in the matter under appeal."
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R v RH, , [2003] NJ No 336 (CA)(*no CanLII links) NL CA 6 months imprisonment non-consentual sexual intercourse with spouse.
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2002
R v David, 2002 ABCA 129 (CanLII)Template:Per AB CA "the indigenous offender committed a major sexual assault on the victim. While intoxicated, he entered the room where she was sleeping, removed her clothing and physically controlled her while he forced sexual intercourse upon her. He pleaded guilty and the trial judge found that he was remorseful. No Gladue evidence was presented, and the judgment reveals little about the offender’s circumstances, other than a history of alcohol dependency. Upon balancing the mitigating and aggravating factors in the case, the Court of Appeal followed Sandercock and sentenced the offender to three years in prison: David at paras 3, 12, 15-24." [20]
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R v Kinde, 2002 BCCA 233 (CanLII), per Southin JA BC CA 7 years imprisonment forced sexual intercourse with victim on 4 occasions; bodily harm
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R v Tony,
2002 SKQB 226 (CanLII), 220 Sask R 135, per Wilkinson J
SK QB 18 months CSO "[t]he Crown appealed a nine-month CSO. The offender drove the complainant home after they both attended a party and had been drinking. The complainant fell asleep in the car. She awoke to the offender penetrating her with his penis when they were outside her home. She told him to stop, and he did. The offender was Indigenous, struggled with alcohol addiction, had an unrelated criminal record, was found guilty after trial, and maintained that the sexual intercourse was consensual at sentencing. Justice Wilkinson allowed the appeal and varied the sentence by imposing an 18-month CSO with strict conditions."
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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.
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2001
R v GAL, 2001 NSCA 29 (CanLII), per Hallett JA NS CA 2 years imprisonment
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Keywords: asleep
R v S(JS), 2001 MBCA 144 (CanLII), per Twaddle JA (2:1) MB CA 30 months imprisonment
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Keywords: asleep
R v Nelson, 2001 BCCA 430 (CanLII), per Ryan JA BC CA 2 years less a day CSO "the offender watched a movie at the complainant’s apartment. The offender hugged and kissed the complainant, who asked him to stop because she did not want to display signs of affection in front of her five-year-old child. The offender asked if they could have sex. The complainant said no. The offender pinned the complainant to her bed, removed her clothing, and forced sexual intercourse. The offender was 30 years old, had no criminal record, and was a single father of two children." [21]
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R v Boucher, 2001 BCSC 1570 (CanLII), per Meiklem J BC SC "the Crown appealed a sentence of three days imprisonment and probation for a 50-year-old aboriginal man who lived in a small community and sexually touched an 18-year-old girl as he was driving her home after a party. He was intoxicated, had no criminal record and lost an election for band chief as a result of the news of his offending. Justice Meiklem dismissed the appeal, finding that Mr. Boucher's fall from grace in the community was a serious punishment."
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2000
R v R(LE), , 2000 CarswellNB 405(*no CanLII links) NB 20 months CSO "the offender grabbed the complainant while she was walking home, put her in his car, ripped her shirt off, and drove her to a graveyard where he forced non-consensual vaginal intercourse. The complainant sustained bruises and a cut. The offender was 32 years old, pleaded guilty, and was in the process of divorcing the complainant at the time." [22]
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