Supreme Court

Decision Information

R v McNeely

Court Supreme Court
Date 1998-12-18
File numbers CR 03450, CR 03493, CR 03570
Judge(s) Richard
Publication ban Ban on publication of complainant / witness pursuant to section 486 of the Criminal Code
Location Fort Good Hope
Cases and statutes considered Statutes considered:
Criminal Code, RSC 1985, c. C-46, s. 246.1
Criminal Code, RSC 1985, c. C-46, s. 246.1(1)
Criminal Code, RSC 1985, c. C-46, s. 306(1)(b)
Criminal Code, RSC 1985, c. C-46, s. 109(2)
Decision information:

Summary: Offender found guilty of sexual assault on three separate occasions - Break and enter also involved with the third assault - Crimes occurred in the mid-eighties - Pattern of behavior exhibited in all three incidents - All three victims were asleep or passed out when the assaults occurred - Offender plead guilty to the second two charges only after he had been found guilty of the first - Letters of support provided by the Justice Committee - Offender had been sober for over two years - Joint submission from counsel for a global sentence of five to six years.
Decision: Sentence determined - Count 1: 1 1/2 years imprisonment ; Count 2: 3 years imprisonment consecutive ; Count 3: 1 1/2 years consecutive

Decision Content

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