Supreme Court
Decision Information
Summary: Jury convicts accused of sexually assaulting a complainant who had come into his place to use the washroom and then fell asleep on his bed. Complainant was a teenager, some ten years younger than the accused. In her Victim Impact Statement she notes the fear of the event and her inability to sleep, as well as the trauma of having to testify in court. Accused is 29 years old, has a grade 10 education, has no criminal record, exercises self-discipline with respect to alcohol, and has obtained a commercial helicopter licence. Court finds the offence to be out of character for the accused. Exercising one's right to a trial is not an aggravating factor. While a conditional sentence should be considered in all cases where the prerequisites are satisfied the seriousness of the offence of being sober and taking advantage of a sleeping woman requires a sentence long enough for denunciation and deterrence such that it makes a conditional sentence unsuitable.
Decision: Sentence - 2 and 1/2 years incarceration, 10 year firearm prohibition. Recommendation that incarceration be in the Territories.
Subjects: Criminal law - Sexual offences - Sexual assault