The offender was sentenced following conviction for sexual assault under s. 271 of the Criminal Code involving intercourse with an intoxicated and ill complainant who cycled in and out of consciousness and expressly told the offender to stop.
The court considered aggravating factors including the complainant’s vulnerability, the offender’s disregard of her lack of consent, resulting genital injury, and the offender’s dishonesty during the investigation and at trial.
Mitigating factors included the offender’s youth, lack of criminal record, supportive family, work history, and significant mental health concerns following conviction.
Applying the principles in ss. 718 and 718.2 of the Criminal Code and reviewing comparable sentencing authorities, the court determined that a mid‑range custodial sentence in the reformatory range was appropriate.
The offender was sentenced to two years less a day of imprisonment with credit for pre‑sentence custody, followed by three years’ probation and several ancillary orders.
