The accused was convicted of sexually assaulting a sleeping 16-year-old complainant while the accused was 19 years old.
The assault occurred when the accused, after consuming alcohol, entered a bedroom where the complainant was sleeping and engaged in non-consensual sexual intercourse with her.
The complainant awoke in pain and, frozen with fear, eventually escaped to another room.
The accused was identified through DNA evidence (saliva on the complainant's breast).
At sentencing, the Crown sought incarceration while the defence sought a conditional sentence.
The court imposed an 18-month conditional sentence with strict house arrest for the first six months, followed by graduated curfews, and a 12-month probation order with ancillary orders including a 10-year weapons prohibition, DNA order, and 10-year sex offender registration.
