A. Simard

The offender was convicted after trial of sexual assault and assault against his intimate partner.

The sexual assault involved forced non-consensual intercourse where the offender failed to stop despite the victim's pleas.

The court weighed the aggravating factors of intimate partner violence and the violent nature of the offence against the offender's limited criminal record and personal circumstances.

The court imposed a global sentence of 24 months' incarceration, comprising 23 months for the sexual assault and 1 month consecutive for the assault, followed by 12 months of probation.

The accused was charged with sexual assault, assault, uttering threats, and unlawful confinement against his intimate partner.

The unlawful confinement charge was dismissed by consent.

The court found the complainant's evidence credible regarding the sexual assault and rejected the accused's defence of honest but mistaken belief in consent, finding he failed to take reasonable steps to ascertain consent and relied on mistakes of law.

The accused was found guilty of sexual assault and assault, but acquitted of uttering threats.