The accused was convicted of sexual assault contrary to s. 271 of the Criminal Code following a trial.
The offence involved the accused entering the complainant's bedroom without consent and touching her vaginal area while she was sleeping.
The complainant awoke and told the accused to leave, which he did immediately.
The accused was a first-time offender with strong community support, stable employment, and a supportive family.
He had commenced substance abuse counselling following his conviction.
The Crown sought a custodial sentence of 12-14 months, while defence counsel sought a suspended sentence with probation.
The court imposed a 60-day intermittent sentence with 18 months probation, finding that incarceration was necessary for denunciation and deterrence despite the accused's positive background and the relatively less serious nature of the sexual assault.