The defendant, M.W., pleaded guilty to sexual assault of a semi-conscious and vulnerable victim.
The court considered sentencing principles, aggravating factors (victim's vulnerability, non-consensual sexual acts), and mitigating factors (guilty plea).
The judge determined an appropriate sentence of 18 months imprisonment, but applied credits for 181 days of pre-sentence custody (9 months equivalent), an additional 3 months for harsh conditions at Central East Correctional Centre (Duncan credit), and a further 3-month reduction due to the ongoing COVID-19 pandemic's impact on incarceration conditions.
The net sentence was 3 months, to be served intermittently on weekends, along with 2 years probation and ancillary orders including a weapons prohibition, DNA order, and Sex Offender Information Registration Act compliance.
