Sexual Assault, Intercourse (Sentencing Cases): Difference between revisions
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{{ | {{SCaseLong|''R v CWZ'', <br>[http://canlii.ca/t/hsgbw 2018 ONSC 3478] (CanLII){{perONSC|Akhtar J}} | ON |SC| 6 years (global) | The offender was convicted of sexual assault against his wife and daughter. }} | ||
{{ | {{SCaseLong|''R v FHL'', [http://canlii.ca/t/hq2qs 2018 ONCA 83] (CanLII){{perONCA|Epstein JA}}| ON |CA| 8 years | The offender sexually assaulted his girlfriend's 12 year old daughter. The victim gave birth to a child. }} | ||
{{ | {{SCaseLong|''R v Meyers'',<Br> [http://canlii.ca/t/gww6z 2017 SKQB 4] (CanLII){{perSKQB|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.}} | ||
{{ | {{SCaseLong|''R v DS'',<br>[http://canlii.ca/t/fx32m 2013 ONCA 244] (CanLII){{perONCA|MacPherson JA}} | ON |CA| 12 years | sexual assault on wife}} | ||
{{ | {{SCaseLong|''R v Moosomin'',<br> [http://canlii.ca/t/fsz5x 2012 SKQB 386] (CanLII){{perSKQB|Zarzeczny J}}| SK|SC| 33 months |}} | ||
{{ | {{SCaseLong|''R v DS'',<br> [http://canlii.ca/t/fqs9m 2012 SKQB 118] (CanLII){{perSKQB|Acton J}} | SK|SC| 30 months | forced intercourse with ex-partner.}} | ||
{{ | {{SCaseLong|''R v Freake'',<br> [http://canlii.ca/t/fq5m3 2012 NLCA 10] (CanLII){{perNLCA|Welsh and Rowe JJA}}|NL|CA | 4 years | force intercourse between partners.}} | ||
{{ | {{SCaseLong|''R v RK'',<br> [http://canlii.ca/t/fpsv9 2012 SKPC 17] (CanLII){{perSKPC|Klause J}}|SK|PC| 18 months |historical sexual assault (1982), sexual intercourse with step daughter}} | ||
{{ | {{SCaseLong|''R v PN'',<br> [http://canlii.ca/t/fp2w6 2011 NLTD 158] (CanLII){{perNLSC|Goodridge J}}|NL|SC | 3 years| intercourse with teenage niece, threatened if she called police}} | ||
{{ | {{SCaseLong|''R v NKP'',<br> [http://canlii.ca/t/fp7rb 2011 ABCA 361] (CanLII){{perABCA|Slatter JA}} |AB|CA| 9 years | assaulted 7 family members; recorded some on video}} | ||
{{ | {{SCaseLong|''R v Murphy'',<br> [http://canlii.ca/t/2fn2v 2011 NLCA 16] (CanLII){{perNLCA|Welsh JA}}|NL|CA| 3.5 years |forced intercourse in front seat of vehicle, prior record for violence.}} | ||
{{ | {{SCaseLong|''R v IKL'',<br>[http://canlii.ca/t/2fbtq 2011 NLTD 7] (CanLII){{perNLSC| Seaborn J}} |NL|SC| 3 years | numerous incidnets of intercourse with a minor}} | ||
{{ | {{SCaseLong|''R v Dorah''<br>[http://canlii.ca/t/fnq0c 2011 ONSC 6503] (CanLII){{perONSC| MacDonnell J}}|ON|SC| 2 years less a day | forced intercourse in a dating couple}} | ||
{{ | {{SCaseLong|''R v Berens'',<br>[http://canlii.ca/t/fnnmd 2011 MBQB 255] (CanLII){{perMBQB|Schulman J}}|MB|SC | ||
| 2 years less a day | intercourse while asleep; no remorse; gladue factors}} | | 2 years less a day | intercourse while asleep; no remorse; gladue factors}} | ||
{{ | {{SCaseLong|''R v AN'',<br> [http://canlii.ca/t/2bn65 2010 ONCJ 288] (CanLII){{perONCJ|Diguseppe J}} |ON|PC | ||
| 2 years less a day | parties knew each other; moderate use of force; accused intoxicated}} | | 2 years less a day | parties knew each other; moderate use of force; accused intoxicated}} | ||
{{ | {{SCaseLong|''R v RRW'',<br> [http://canlii.ca/t/2c5xd 2010 NLTD 135] (CanLII){{perNLSC|Goodridge J}} |NL|SC| 4 years | broke into residence of 14 year old niece, full intercourse, threatened victim if she called police}} | ||
{{ | {{SCaseLong|''R v Kasokeo'',<br>[http://canlii.ca/t/239mc 2009 SKCA 48] (CanLII){{perSKCA|Cameron JA}}|SK|CA | 27 months jail | sleeping victim; appeal from 15 months jail; "probably" full intercourse}} | ||
{{ | {{SCaseLong|''R v Zarpa'',<br>[http://canlii.ca/t/26h8k 2009 NLTD 175] (CanLII){{perNLSC|Goodridge J}} |NL|SC| 3.5 years | intercourse with sleeping woman}} | ||
{{ | {{SCaseLong|''R v DBR'',<br>[http://canlii.ca/t/20qt7 2008 ONCJ 412] (CanLII){{perONCJ|McGrath J}} |ON|PC| 10 years (JR) | sexual assault x 3; sexual touching of minor x 2; confinement x 1. Occurred over several years }} | ||
{{ | {{SCaseLong|''R v Woods'',<br>[http://canlii.ca/t/1whbq 2008 SKCA 40] (CanLII){{perSKCA|Richards JA}} |SK|CA| 22 months | confinement, violence, digital penetration, intercourse, prolonged }} | ||
{{ | {{SCaseLong|''R v Byer'',<br>[http://canlii.ca/t/1t8p5 2007 ONCA 694] (CanLII){{TheCourtONCA}} |ON|CA| 6 years | administered drug and performed unprotected sex on 4 victims; occurred over 15 years }} | ||
{{ | {{SCaseLong|''R v Law'',<br>[http://canlii.ca/t/1rszf 2007 ABCA 203] (CanLII){{TheCourtABCA}} |AB|CA| 3 years | victim passes out at a party; digital penetration, full penetration}} | ||
{{ | {{SCaseLong|''R v Marriott'',<br>[http://canlii.ca/t/22ccz 2007 NSSC 99] (CanLII){{perNSSC|Robertson J}}| NS|SC| 12 months CSO | Offender touched breast and vagina of female aged 22. Victim had intellectual deficits. }} | ||
{{ | {{SCaseLong|''R v Rich'',<br>[http://canlii.ca/t/fsx7t 2006 NLTD 84] (CanLII){{perNLSC|Fowler J}}|NL|SC| 3 years | forced intercourse}} | ||
{{ | {{SCaseLong|''R v F(EW)'',<br> [http://canlii.ca/t/fsxbs 2006 NLTD 91] (CanLII){{perNLSC|Seaborn J}} | NL|SC| 18 months | intercourse with adult sister while she was asleep, alcohol involved.}} | ||
{{ | {{SCaseLong|''R v GLJP'', <Br>[2003] NSJ No 509, [http://canlii.ca/t/4rm3 2003 NSSC 168] (CanLII){{perNSSC|A Boudreau J}} | NS| SC | 10 years | 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.}} | ||
{{ | {{SCaseLong|''R v RH'',<br>2003 NLCA _, [2003] N.J. No. 336 (C.A.){{NOCANLII}} |NL|CA| 6 months | non-consentual sexual intercourse with spouse. }} | ||
{{ | {{SCaseLong|''R v Kinde'',<br> [http://canlii.ca/t/58jt 2002 BCCA 233] (CanLII){{perBCCA|Southin JA}} |BC|CA|7 years| forced sexual intercourse with victim on 4 occasions; bodily harm }} | ||
{{ | {{SCaseLong|''R v S(JS)'',<br> [http://canlii.ca/t/1f95l 2001 MBCA 144] (CanLII){{perMBCA|Twaddle JA}} (2:1) |MB|CA| 30 months | sleeping victim}} | ||
{{ | {{SCaseLong|''R v C(SF)'', <br>2000 NLTD _, 192 Nfld. & P.E.I.R. 179{{NOCANLII}}|NL|SC| 2.5 years | offender broke into residence, grabbed complainant, threatened her, full intercourse}} | ||
{{ | {{SCaseLong|''R v JR'',<br>[http://canlii.ca/t/27ptr 1997 CanLII 14665] (NLCA){{perNLCA|Cameron JA}} |NL|CA|3 years | sexual intercourse with daughter; causing pregnancy}} | ||
{{ | {{SCaseLong|''R v TVG'',<Br> (1994) 1994 CanLII 7588 (NS SC), 133 NSR (2d) 299 (NSSC) | 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;" [https://www.canlii.org/en/ns/nsca/doc/2012/2012nsca96/2012nsca96.html]}} | ||
{{ | {{SCaseLong|''R v Richard'',<br> [http://canlii.ca/t/1mqcf 1994 CanLII 3969] (NS CA){{perNSCA|Roscoe JA}} |NS|CA| 7 years | 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.}} | ||
{{ | {{SCaseLong|''R v Sandercock'',<br> [http://canlii.ca/t/1nnwv 1985 CanLII 104] (AB C.A.){{perABCA|Kerans JA}} |AB|CA| 4.5 years | drive victim to secluded spot and accosted her}} | ||
{{SCaseEnd}} | {{SCaseEnd}} |
Revision as of 07:51, 27 June 2019
- < Sentencing
- < Cases
|
Full Intercourse
Case Name | Prv. | Crt. | Sentence | Summary |
---|---|---|---|---|
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. |
R v FHL, 2018 ONCA 83 (CanLII), per Epstein JA | ON | CA | 8 years | The offender sexually assaulted his girlfriend's 12 year old daughter. The victim gave birth to a child. |
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. |
R v DS, 2013 ONCA 244 (CanLII), per MacPherson JA |
ON | CA | 12 years | sexual assault on wife |
R v Moosomin, 2012 SKQB 386 (CanLII), per Zarzeczny J |
SK | SC | 33 months | |
R v DS, 2012 SKQB 118 (CanLII), per Acton J |
SK | SC | 30 months | forced intercourse with ex-partner. |
R v Freake, 2012 NLCA 10 (CanLII), per Welsh and Rowe JJA |
NL | CA | 4 years | force intercourse between partners. |
R v RK, 2012 SKPC 17 (CanLII), per Klause J |
SK | PC | 18 months | historical sexual assault (1982), sexual intercourse with step daughter |
R v PN, 2011 NLTD 158 (CanLII), per Goodridge J |
NL | SC | 3 years | intercourse with teenage niece, threatened if she called police |
R v NKP, 2011 ABCA 361 (CanLII), per Slatter JA |
AB | CA | 9 years | assaulted 7 family members; recorded some on video |
R v Murphy, 2011 NLCA 16 (CanLII), per Welsh JA |
NL | CA | 3.5 years | forced intercourse in front seat of vehicle, prior record for violence. |
R v IKL, 2011 NLTD 7 (CanLII), per Seaborn J |
NL | SC | 3 years | numerous incidnets of intercourse with a minor |
R v Dorah 2011 ONSC 6503 (CanLII), per MacDonnell J |
ON | SC | 2 years less a day | forced intercourse in a dating couple |
R v Berens, 2011 MBQB 255 (CanLII), per Schulman J |
MB | SC | 2 years less a day | intercourse while asleep; no remorse; gladue factors |
R v AN, 2010 ONCJ 288 (CanLII), per Diguseppe J |
ON | PC | 2 years less a day | parties knew each other; moderate use of force; accused intoxicated |
R v RRW, 2010 NLTD 135 (CanLII), per Goodridge J |
NL | SC | 4 years | broke into residence of 14 year old niece, full intercourse, threatened victim if she called police |
R v Kasokeo, 2009 SKCA 48 (CanLII), per Cameron JA |
SK | CA | 27 months jail | sleeping victim; appeal from 15 months jail; "probably" full intercourse |
R v Zarpa, 2009 NLTD 175 (CanLII), per Goodridge J |
NL | SC | 3.5 years | intercourse with sleeping woman |
R v DBR, 2008 ONCJ 412 (CanLII), per McGrath J |
ON | PC | 10 years (JR) | sexual assault x 3; sexual touching of minor x 2; confinement x 1. Occurred over several years |
R v Woods, 2008 SKCA 40 (CanLII), per Richards JA |
SK | CA | 22 months | confinement, violence, digital penetration, intercourse, prolonged |
R v Byer, 2007 ONCA 694 (CanLII), per curiam |
ON | CA | 6 years | administered drug and performed unprotected sex on 4 victims; occurred over 15 years |
R v Law, 2007 ABCA 203 (CanLII), per curiam |
AB | CA | 3 years | victim passes out at a party; digital penetration, full penetration |
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. |
R v Rich, 2006 NLTD 84 (CanLII), per Fowler J |
NL | SC | 3 years | forced intercourse |
R v F(EW), 2006 NLTD 91 (CanLII), per Seaborn J |
NL | SC | 18 months | intercourse with adult sister while she was asleep, alcohol involved. |
R v GLJP, [2003] NSJ No 509, 2003 NSSC 168 (CanLII), per A Boudreau J |
NS | SC | 10 years | 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. |
R v RH, 2003 NLCA _, [2003] N.J. No. 336 (C.A.)(*no CanLII links) |
NL | CA | 6 months | non-consentual sexual intercourse with spouse. |
R v Kinde, 2002 BCCA 233 (CanLII), per Southin JA |
BC | CA | 7 years | forced sexual intercourse with victim on 4 occasions; bodily harm |
R v S(JS), 2001 MBCA 144 (CanLII), per Twaddle JA (2:1) |
MB | CA | 30 months | sleeping victim |
R v C(SF), 2000 NLTD _, 192 Nfld. & P.E.I.R. 179(*no CanLII links) |
NL | SC | 2.5 years | offender broke into residence, grabbed complainant, threatened her, full intercourse |
R v JR, 1997 CanLII 14665 (NLCA), per Cameron JA |
NL | CA | 3 years | sexual intercourse with daughter; causing pregnancy |
R v TVG, (1994) 1994 CanLII 7588 (NS SC), 133 NSR (2d) 299 (NSSC) |
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] |
R v Richard, 1994 CanLII 3969 (NS CA), per Roscoe JA |
NS | CA | 7 years | 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. |
R v Sandercock, 1985 CanLII 104 (AB C.A.), per Kerans JA |
AB | CA | 4.5 years | drive victim to secluded spot and accosted her |