Supreme Court

Decision Information

R v Kimiksana

Court Supreme Court
Date 1998-10-01
File numbers CR 03567
Judge(s) Vertes
Location Holman
Cases and statutes considered Cases considered:
R. v. Sandercock (1985), 48 CR (3d) 154
R. v. McDonnell (1997) SCJ No. 42

Statutes considered:
Criminal Code, R.S.C. 1985, c. C-46, s. 271
Criminal Code, R.S.C. 1985, c. C-46, s. 246
Decision information:

Summary: Two victims were drinking at the offenders home, both passed out - One woke up to see the offender sexually assaulting the other - Offender saw that she was awake and attacked her - Sexually assaulted the second victim and began choking her when she tried to resist - Offender plead not guilty at trial - Related record of 33 criminal convictions - No mitigating circumstances - 4.5 months spent in pre-trial remand. Seriousness of the crimes and lack of mitigating circumstances required nothing less than a penitentiary sentence
Decision: Sentence determined - Count 1: 3 years imprisonment ; Count 2: 4 years consecutive ; Count 3: 4 years concurrent
Subjects: Criminal law - Sexual offences - Sexual assault
Criminal law - Assault

Decision Content

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