Sexual Assault, Weapons or Injuries (Sentencing Cases)

From Criminal Law Notebook
This page was last substantively updated or reviewed December 2022. (Rev. # 89283)
Sexual Assault

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
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.
R v RLW, 2013 BCCA 50 (CanLII), per Harris JA BC CA 5 years (SA)
18 months (PCP)
R v Nelson, 2012 ONSC 4248 (CanLII), per Wilson J ON SC 5 years (sex assault CBH)
R v Welch, 1995 CanLII 282 (ON CA), per Griffiths JA ON CA 33 months (sex assault CBH) bruising on body

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." [1]
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 Schira, 2004 ABPC 84 (CanLII), per Fradsham J AB PC 14 years imprisonment

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
R v Hudson, 2017 MBPC 20 (CanLII), per Killeen J MB PC 25 years imprisonment
R v Dyck, 2014 SKCA 93 (CanLII), per Jackson J SK CA
Keywords: None
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.
R v Thomas, 2012 ONSC 1201 (CanLII), per MacDonnell J ON SC 2 years less a day agg sexual assault by intercourse with HIV
R v ATR, 2011 BCPC 283 (CanLII), per Ellan J BC PC 2 years imprisonment joint rec.; HIV positive accused; not contracted by victims
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)
Keywords: None
R v Gonzalez-Hernandez, 2011 BCSC 1039 (CanLII), per Humphries J BC SC
Keywords: None
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.
R v Ogushing, 2005 CanLII 633 (QC CQ), per LaFlamme J QC SC 10 years imprisonment
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.
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)
Keywords: None
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)
Keywords: None
R v Peskoonas, 1999 ABQB 411 (CanLII), per Wilkins J AB SC Dangerous Offender Order
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)
Keywords: None
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)
Keywords: None
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)
R v HSP, 1992 CanLII 4801 (NS CA), per Chipman JA NS CA

Sexual Assault with Kidnapping

  1. R v Craig, 1975 CarswellAlta 166
  2. R v Cardinal, 1983 CarswellAlta 409
  3. R v Sandercock, 1985 ABCA 218
  4. R v Ginther, 1991 CarswellBC 1845
  5. R v Beaton, 1991 CarswellNS 417
  6. R v Cooper, 1991 CarswellAlta 626
  7. R v Dunseath, 1993 CarswellAlta 698
  8. R v Collins, 1997 ABCA 397 (CanLII), 1997 CarswellAlta 1028
  9. R v Young, 1998 CanLII 18090 (NL CA), 1998 CarswellNfld 14
  10. R v Stoney, 2004 ABPC 3
  11. R v Schira, 2004 ABPC 84
  12. R v Schira, 2004 ABCA 369
  13. R v Owusu, 2006 ABCA 239
  14. R v Abrosimo, 2007 BCCA 406
  15. R v Latreille, 2009 BCSC 1892, 2009 CarswellBC 3822
  16. R v Lemmon, 2009 CarswellAlta 2415
  17. R v Sinclair, 2010 MBCA 105, 2010 CarswellMan 637
  18. R v Lemmon, 2012 ABCA 103
  19. R v Arcand, 2010 ABCA 363
  20. R v Arcand, 2013 SKCA 75, 2013 CarswellSask 453
  21. R v Alexander, 2013 ABCA 231, 2013 CarswellAlta 1026
  22. R v Cook, 2014 MBCA 29
  23. R v Crow Chief, 2016 ABQB 196, 2016 CarswellAlta 595
  24. R v Richards, 2016 ONSC 2940, 2016 CarswellOnt 7337
  25. R v Cook, 2014 MBCA 29, 2014 CarswellMan 114
  26. R v White, 2016 ABQB 24, 2016 CarwellAlta 43
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