The accused was convicted after trial of sexual assault for engaging in sexual intercourse with a sleeping friend following a night of drinking.
The court considered aggravating factors including the seriousness of the offence and the breach of trust between friends, and mitigating factors including the offender’s lack of prior criminal record, good character, supportive family, and prospects for rehabilitation.
The court reviewed sentencing principles under ss. 718 and 718.1 of the Criminal Code and authorities establishing the typical custodial range for sexual intercourse with an unconscious victim.
Finding the case fell within the upper reformatory range but did not require a penitentiary sentence, the court imposed a custodial term followed by probation and ancillary orders.
