Supreme Court
Decision Information
Summary: Complainant invited accused to drinking party at complainant's residence. Complainant was lifetime acquaintance of accused. After party complainant awoke to find accused on top of her and attempting to have intercourse with her. She was not successful in pushing him away and he completed intercourse without her consent. Accused pleaded guilty on eve of trial and shows remorse. Court takes nine months pre-trial detention taken into account, but there are many aggravating factors such as taking advantage of sleeping, vulnerable, young woman, substantial criminal record including one count of sexual assault, and that accused is traumatized, humiliated and embarrassed. Court recognizes need for a sentence that will demonstrate denouncement of appalling behavior and be deterrence to other young men from committing a similar crime whether drunk or sober.
Decision: Sentence determined - Two and one half years imprisonment, ten years firearms prohibition following release from prison
Subjects: Criminal law - Sentencing - Principles - General deterrence
Criminal law - Sexual offences - Sexual assault