Following a jury conviction for sexual assault, the court imposed sentence for an offence involving sexual intercourse with an adult complainant who was significantly incapacitated by alcohol and/or drugs.
The court determined that the jury’s verdict necessarily implied that sexual intercourse occurred but found the Crown had not proven beyond a reasonable doubt that the offender administered a drug to facilitate the assault.
The evidence established that the offender took advantage of a vulnerable and intoxicated complainant and escorted her from a bar to his home where the assault occurred.
Aggravating factors included the complainant’s incapacitation, the serious and lasting emotional harm caused, and the offender’s exploitation of vulnerability.
Balancing mitigating factors including community contributions and health issues, the court imposed a 30‑month penitentiary sentence with mandatory DNA, weapons prohibition, and sex offender registration orders.