Sexual Assault (Sentencing Cases) (Prior to 2000)

From Criminal Law Notebook
This page was last substantively updated or reviewed October 2023. (Rev. # 90727)
See also: Sexual Assault (Sentencing Cases)

Digests

Case Name Prv. Crt. Sentence Summary
1999
R v DWG, 1999 ABCA 270 (CanLII), per Fraser ACJ AB   CA 3.5 years imprisonment minus remand "Crown appeal of four month sentence plus one year probation for a sexual assault on the common‑law wife. The Respondent served four months in remand. The facts illustrated a violent attempt at rape. The victim, trying to sleep, was confronted by her common‑law husband who had been drinking. He slapped her, stripped her naked, choked her with one of his forearms across her throat, and attempted to have intercourse. He was too drunk to complete the sex act and she was eventually able to get away. The Court of Appeal took the view that the sentence was not fit. A sentence at first instance of three and one‑half years would have been appropriate. The sentence, however, was reduced to eight months due to the fact that the Respondent had already completed the custodial portion of his sentence and four months’ pre‑trial custody." (Quoting from R v JJW, 2012 NSCA 96 (CanLII))
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Keywords: intimate partner — beating — intercourse — intoxication
1997
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.
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Keywords: 25-year-old offender — attempted intercourse — bruising
R v C(SF), , 192 Nfld. & PEIR 179(*no CanLII links) NL   SC 2.5 years imprisonment offender broke into residence, grabbed complainant, threatened her, full intercourse
Keywords: None
R v JR, 1997 CanLII 14665 (NLCA), per Cameron JA NL   CA 3 years sexual intercourse with daughter; causing pregnancy
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Keywords: None
1995
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 imprisonment The offender was a doctor who touched several patients in a sexual manner.
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Keywords: None
R v Roberts,
1995 CanLII 3924 (SK CA), 128 Sask. R. 158, per Sherstobitoff JA
SK   CA
R v SDM, 1995 CanLII 7469 (NS SC) NS   SC "Twenty‑six year old offender with driving offences sentenced to two years’ imprisonment for sexual assaults on common‑law spouse. Record did not manifest violence, though indicated a lack of control and responsibility on the offender’s part;"
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Keywords: None
1994
R v TVG,
1994 CanLII 7588 (NS SC), , 133 NSR (2d) 299 (NSSC), per Bateman J
NS   SC 2 years, 8 months "The offender and victim had been separated a few days before the offence. The offender called her the night preceding the offence causing the victim to be afraid. She took her children next door to her father’s house. When she returned to pick up some clothing, the offender confronted her, forced her into the bedroom, and raped her despite her struggles. The offender questioned the victim about her boyfriends as he repeatedly penetrated her. The Court viewed the assault on the former common‑law wife as aggravating. The accused came from a stable, hard‑working family. Offender and victim had two daughters. Victim Impact Statement demonstrated nervousness on behalf of the common‑law wife. Sentence: two years and eight months’ incarceration;" [1]
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Keywords: None
R v RH, 1994 ABCA 21 (CanLII), per Bielby J AB   CA "the offender forced his common‑law spouse to have non‑consensual sexual intercourse. The parties subsequently reconciled and married. The Court of Appeal increased the sentence from six months imprisonment to 15 months. It stated that a proper sentence was 18 months but the fact that the accused had already served the sentence created an expectation on his part. Neither the reconciliation or marriage justified a reduction in sentence. "
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Keywords: intercourse — intimate partner
R v Richard, 1994 CanLII 3969 (NSCA), per Roscoe JA NS   CA 7 years imprisonment The offender was convicted of sexual assault and uttering threats. He approached the female victim whom he knew at 3am near a night club. Threatened her and lead her to a private spot where he has intercourse and fellatio on her. She broke free at the end and escaped. He was 23 years old at the time and had a lengthy criminal record. "[T]he victim was followed out of the cabaret at 3 a.m. by the offender who grabbed her by the neck and pulled a significant distance while constantly making threats to kill her. He pulled her to the ground, restrained her hands and then forcibly performed both vaginal intercourse and fellatio on her. The offender had a long prior record and given the prolonged and vicious nature of the attack, the Court of Appeal dismissed the appeal in holding that denunciation and deterrence were to be emphasized and that the seven year sentence imposed by the trial Judge stood;" (Quoting from R v Lemoine, 2014 NSPC 49 (CanLII))
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Keywords: strangers — intercourse
1993
R v Cappo, 1993 CanLII 6671 (SK CA), per Jackson JA SK   QB 3 years imprisonment "the victim had passed out in a bedroom after a party. She awoke to find her pants and panties removed and the offender on top of her attempting to penetrate her. She asked him to stop and he did so only after she vomited. There was no penetration. The offender was 22 years old at the time of trial, was in a stable common law relationship and employed as a band administrator. He did not have a criminal record and enjoyed strong family support. This Court increased the sentence from 22 months to three years imprisonment." [2]
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Keywords: None
1992
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
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Keywords: None
1991
R v Cameron, 1991 CanLII 11859 (MB CA) MB   CA 3 years imprisonment picked up victim in car and drove to isolated area
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Keywords: None
R v DAW, 1991 CanLII 4533 (NSCA), per Matthews JA NS   CA 8 months imprisonment victim woke up to accused performing oral sex on her.
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Keywords: None
1985
R v Sandercock, 1985 CanLII 104 (AB C.A.), per Kerans JA AB   CA 4.5 years imprisonment drive victim to secluded spot and accosted her
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Keywords: None

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