Sexual Assault, Weapons or Injuries (Sentencing Cases)
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| This page was last substantively updated or reviewed December 2022. (Rev. # 92871) |
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Offence Wording
- Sexual assault with a weapon, threats to a third party or causing bodily harm
272 (1) Every person commits an offence who, in committing a sexual assault,
- (a) carries, uses or threatens to use a weapon or an imitation of a weapon;
- (b) threatens to cause bodily harm to a person other than the complainant;
- (c) causes bodily harm to the complainant;
- (c.1) chokes, suffocates or strangles the complainant; or
- (d) is a party to the offence with any other person.
- Punishment
(2) Every person who commits an offence under subsection (1) [sexual assault with a weapon, threats to a third party or causing bodily harm] is guilty of an indictable offence and liable
- (a) if a restricted firearm or prohibited firearm is used in the commission of the offence or if any firearm is used in the commission of the offence and the offence is committed for the benefit of, at the direction of, or in association with, a criminal organization, to imprisonment for a term not exceeding 14 years and to a minimum punishment of imprisonment for a term of
- (i) in the case of a first offence, five years, and
- (ii) in the case of a second or subsequent offence, seven years;
- (a.1) in any other case where a firearm is used in the commission of the offence, to imprisonment for a term not exceeding 14 years and to a minimum punishment of imprisonment for a term of four years; and
- (a.2) if the complainant is under the age of 16 years, to imprisonment for life and to a minimum punishment of imprisonment for a term of five years; and
- (b) in any other case, to imprisonment for a term not exceeding fourteen years.
- Subsequent offences
(3) In determining, for the purpose of paragraph (2)(a) [sexual assault with a weapon or causing bodily harm – with firearm or for crim org], whether a convicted person has committed a second or subsequent offence, if the person was earlier convicted of any of the following offences, that offence is to be considered as an earlier offence:
- (a) an offence under this section;
- (b) an offence under subsection 85(1) or (2) [use of firearm or imitation in commission of an offence] or section 244 [discharging firearm] or 244.2 [discharging firearm – recklessness]; or
- (c) an offence under section 220 [criminal negligence causing death], 236 [manslaughter], 239 [attempted murder] or 273 [aggravated sexual assault], subsection 279(1) [kidnapping] or section 279.1 [hostage taking], 344 [robbery] or 346 [extortion] if a firearm was used in the commission of the offence.
However, an earlier offence shall not be taken into account if 10 years have elapsed between the day on which the person was convicted of the earlier offence and the day on which the person was convicted of the offence for which sentence is being imposed, not taking into account any time in custody.
- Sequence of convictions only
(4) For the purposes of subsection (3) [sexual assault with a weapon or causing bodily harm – subsequent offences], the only question to be considered is the sequence of convictions and no consideration shall be given to the sequence of commission of offences or whether any offence occurred before or after any conviction.
R.S., 1985, c. C-46, s. 272; 1995, c. 39, s. 145; 2008, c. 6, s. 28; 2009, c. 22, s. 10; 2012, c. 1, s. 26; 2015, c. 23, s. 15; 2019, c. 25, s. 97.
Sexual Assault Causing Bodily Harm
| Case Name | Prv. | Crt. | Sentence | Summary |
|---|---|---|---|---|
| R v Percy, 2021 NSSC 110 (CanLII), per Arnold J | NS  |
SC | 5 years imprisonment | Find summaries of case. |
| R v Vandermeulen, 2014 MBQB 116 (CanLII), per Suche J | MB  |
SC | 3.5 years (Sex Ass CBH) 6 months (assault CBH) |
All offences committed against domestic partner. Find summaries of case. |
| R v RLW, 2013 BCCA 50 (CanLII), per Harris JA | BC  |
CA | 5 years (SA) 18 months (PCP) |
Find summaries of case. |
| R v Nelson, 2012 ONSC 4248 (CanLII), per Wilson J | ON  |
SC | 5 years (sex assault CBH) | Find summaries of case. |
| R v Welch, 1995 CanLII 282 (ON CA), per Griffiths JA | ON |
CA | 33 months (sex assault CBH) | bruising on body Find summaries of case. |
Sexual Assault with a Weapon
| Case Name | Prv. | Crt. | Sentence | Summary |
|---|---|---|---|---|
| R v CG, 2022 ABKB 696 (CanLII), per Angotti J | AB  |
SC | 7 years imprisonment | "After trial the accused was found guilty of three offences: sexual assault with a weapon, sexual assault, and assault. All offences were against his then common law wife. All charges arose from a single date. The accused became upset with his partner because she refused to engage in sex. While at home with the young children the accused grabbed the victim pulled her into the bedroom and verbally berated her. He forced her to perform oral sex on him and attempted vaginal intercourse before being interrupted at the door by their three-year-old child. Later in the afternoon he forced the victim to again perform oral sex on him while holding a small dresser over her head. ...The accused was 30 years old and had no prior record. He had various mental health diagnoses. As a child he experienced poverty and had suffered emotional and physical abuse. Prior to sentencing the accused had voluntarily engaged in and made significant progress in various forms of mental health treatment. Sentencing references described his actions as being out of character. At sentencing the accused expressed remorse, regret, and shame for his actions." (Quoting from R v SRM, 2023 NSPC 33) Find summaries of case. |
| R v RM, 2020 ONCA 231 (CanLII), 150 O.R. (3d) 369, per Hourigan JA |
ON |
CA | "the offender was convicted of a sexual assault on a sex trade worker who was violently and repeatedly raped at knife point by the offender and another male in 1990. In 2016, a DNA profile identified the offender as the perpetrator. The Court of Appeal upheld a global sentence of eight years for the youthful first-time offender." (Quoting from R v Codrington, 2023 ONSC 6352)
| |
| R v Doran, 2013 ONSC 5889 (CanLII), per Seppi J | ON |
SC | 3 years imprisonment (Sex Ass. w/ Weap.) 2 years imprisonment (touching) |
Offender touched genitals of 11 year old attempted to coax child into bedroom for sex while brandishing a knife.
|
| R v Alexander, 2013 ABCA 231 (CanLII), per Slatter JA | AB |
CA | "the offender pleaded guilty to sexual assault. He contacted a sex trade worker and enticed her to the parking garage of an apartment building. When she arrived, the offender attacked her, holding a knife to her throat. He then stole money from her and took her mobile phone. The offender received a six-year sentence which was reduced to five years on appeal." (Quoting from R v Codrington, 2023 ONSC 6352)
| |
| R v Kavanagh, 2009 ONCA 759 (CanLII), per curiam | ON |
CA | "the offender was convicted of sexual assault with a weapon, unlawful confinement, and robbery. The Court of Appeal described this as a "brutal, sexual assault on a vulnerable woman working at night in a convenience store": at para. 7. The offender, who was unknown to the victim, entered the store, locked the door, and threatened the complainant with a knife that he claimed to have in his back pocket. He took her into a back room of the store and made her perform oral sex on him before raping her. The offence was found to be a premeditated one on a vulnerable victim who suffered long-term consequences in her personal life. The offender had a criminal record that included domestic assault. The Court of Appeal held that a ten-year sentence was appropriate." (Quoting from R v Codrington, 2023 ONSC 6352)
| |
| R v Assing, 2008 CanLII 58607 (ON SC), per O'Marra J | ON |
SC | "the first-time offender was convicted of sexual assault whilst using a knife, robbery, and unlawful confinement. The victim was walking home from a shopping excursion. She was grabbed by the offender, a stranger, who wielded a knife with a blade of approximately one foot in length. After taking her money and personal objects, the offender dragged the woman into a nearby park and into a townhouse in a residential development. She was forced into the basement, tied up, and raped repeatedly. She was punched about the head and body when she tried to resist. The judge took the view that the offender was a "predator". The attack was pre-planned on a vulnerable victim and a weapon was used. The judge held that public safety, denunciation, and deterrence were paramount and imposed a sentence of nine years." (Quoting from R v Codrington, 2023 ONSC 6352)
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| R v Schira, 2004 ABPC 84 (CanLII), per Fradsham J | AB |
PC | 14 years imprisonment | Find summaries of case. |
Aggravated Sexual Assault
| Case Name | Prv. | Crt. | Sentence | Summary |
|---|---|---|---|---|
| R v Desjarlais, 2017 SKQB 227 (CanLII), per Barrington-Foote J | SK  |
SC | 9 years imprisonment | Find summaries of case. |
| R v Hudson, 2017 MBPC 20 (CanLII), per Killeen J | MB |
PC | 25 years imprisonment | Find summaries of case. |
| R v Dyck, 2014 SKCA 93 (CanLII), per Jackson J | SK |
CA | Find summaries of case. | |
| R v JCM, 2013 NSSC 126 (CanLII), per Bourgeois J | NS |
SC | 12 years imprisonment | attack involved forced oral, anal and vaginal sex. Victim left with injuries including bruising and a fractured jaw. Find summaries of case. |
| R v Thomas, 2012 ONSC 1201 (CanLII), per MacDonnell J | ON |
SC | 2 years less a day | agg sexual assault by intercourse with HIV Find summaries of case. |
| R v ATR, 2011 BCPC 283 (CanLII), per Ellan J | BC |
PC | 2 years imprisonment | joint rec.; HIV positive accused; not contracted by victims Find summaries of case. |
| R v Wheeler, 2011 BCCA 248 (CanLII), per Bennett J | BC |
CA | "choked and attacked, oral sex, repeated sexual assault, permanent injuries and psychological damage. Moderate to high risk of reoffending. 15 years upheld."(Quoting from R v Gonzalez-Hernandez, 2011 BCSC 1039) Find summaries of case. | |
| R v Gonzalez-Hernandez, 2011 BCSC 1039 (CanLII), per Humphries J | BC |
SC | Find summaries of case. | |
| R v Lemay, 2007 BCCA 501 (CanLII), 247 BCAC 153, per Newbury JA |
BC |
CA | 7 years imprisonment | Offender had anal intercourse with an infant child 12 times. Find summaries of case. |
| R v Ogushing, 2005 CanLII 633 (QC CQ), per LaFlamme J | QC  |
SC | 10 years imprisonment | Find summaries of case. |
| R v McAuley, 2005 NSSC 87 (CanLII), [2005] NSJ 153, per Cacchione J |
NS |
7 years imprisonment | The offender was convicted of aggravated sexual assault relating to an attack on a female in her early 20s. He grabbed the victim while she was walking down the street, beat her, and then sexually assaulted her. The injuries required surgery. They did not know each other. He was 21 years old and had no criminal record. Find summaries of case. | |
| R v Broekaert, 2003 MBCA 10 (CanLII), per Hamilton JA | MB |
CA | "victim beaten, objects forced into vagina and anus, pubic hair ripped off, dragged to a second location and attacked again. Permanent injuries and scaring. Requires home care nursing. Treatment for alcohol addiction of accused not addressed in joint submission for 7-8 years; joint submission rejected - 11 ½ years upheld."(Quoting from R v Gonzalez-Hernandez, 2011 BCSC 1039) Find summaries of case. | |
| R v Henry, 2002 BCCA 575 (CanLII), per Finch JA | BC |
CA | "victim knocked out and choked to unconsciousness a number of times, forced to perform oral sex, penetration of rectum and vagina causing injury, vaginal intercourse, death threats, hit on head with fists and hammer, tied up and punched, robbed and left on street. Accused on parole for assault at the time. High risk to reoffend. 15 years seen to be at high end, but upheld on appeal."(Quoting from R v Gonzalez-Hernandez, 2011 BCSC 1039) Find summaries of case. | |
| R v Peskoonas, 1999 ABQB 411 (CanLII), per Wilkins J | AB |
SC | Dangerous Offender Order | Find summaries of case. |
| R v Hachey, 1998 ABPC 87 (CanLII), per Daniel J | AB |
PC | aff’d (1999), 1999 ABCA 64 (CanLII), 232 A.R. 150 (C.A.) "offender attacked victim in her apartment building, victim seriously injured, multiple massive traumas, almost died in the hospital, permanent brain damage, left handicapped. Permanent colostomy. Guilty plea, record for violence, remorse and willingness to undergo treatment, joint submission for 15 years rejected in favour of 19 years."(Quoting from R v Gonzalez-Hernandez, 2011 BCSC 1039) Find summaries of case. | |
| R v Griffin, [1998] OJ No 5763(*no CanLII links) | ON |
life | guilty plea -- 20+ years of violent offences -- high risk to reoffend
| |
| R v Bennett, 1993 BCCA 1 (CanLII), per Carrothers JA | BC |
CA | "three accused, four victims. “violent mutilating disgusting and life-endangering” attacks causing physical and emotional injuries. No records, potential for rehabilitation. 12 years total sentence upheld."(Quoting from R v Gonzalez-Hernandez, 2011 BCSC 1039) Find summaries of case. | |
| R v Jack, (1992), 15 B.C.A.C. 116(*no CanLII links) | BC |
CA | 10 years imprisonment | "accused with a minor record forced foreign objects into victim’s vagina and anus, causing massive injuries and the necessity for a colostomy, later reversed. She was left for two days before the accused’s brother called for help. The psychiatrist held out some hope of rehabilitation, but risk to reoffend could not be assessed. 10 years upheld on appeal." (Quoting from R v Gonzalez-Hernandez, 2011 BCSC 1039)
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| R v HSP, 1992 CanLII 4801 (NS CA), per Chipman JA | NS |
CA | Find summaries of case. |
Sexual Assault with Kidnapping
- | R v Craig, 1975 CanLII 1242 (AB CA), per McGillivray CJ || AB
|| CA || ||
Find summaries of case.
|-
- R v Cardinal, 1983 CarswellAlta 409
- R v Sandercock, 1985 ABCA 218
- R v Ginther, 1991 CarswellBC 1845
- R v Beaton, 1991 CarswellNS 417
- R v Cooper, 1991 CarswellAlta 626
- R v Arcand, 2010 ABCA 363