Supreme Court
Decision Information
Summary: Accused and witness intoxicated and had difficulty recalling what occurred. Court determines only logical scenario and convicts accused of sexual assault having penetrated and ejaculated inside a sleeping woman who had passed out due to intoxication. Accused 41 years old, limited education, no trade or skills, has history of criminal behavior including previous sexual assault. Court found accused's alcohol abuse may be explanation for his behavior, but not an excuse for it. Accused spent nine months in pre-trial custody, but Court determined it must still impose a significant sentence as protection of innocent members of a community becomes paramount.
Decision: Sentence determined - Six years imprisonment and ten years fireamrs probation
Subjects: Criminal law - Sentencing - Principles - General deterrence
Criminal law - Sexual offences - Sexual assault