The accused was convicted by jury of sexual assault.
At sentencing, the court found that the victim lost consciousness and lacked capacity to consent to sexual activity, and that the accused was reckless about whether the victim was consenting.
The court imposed a 32-month penitentiary sentence, rejecting both the Crown's request for 3.5 years and the defence's request for a conditional sentence.
The court found highly mitigating factors including the accused's status as a first-time offender, genuine remorse expressed within 24 hours of the offence, meaningful engagement in counselling and rehabilitation, strong pro-social support, and low risk of recidivism.
The court declined to impose a Sex Offender Information Registration Act order, finding that the accused had established that such an order would be grossly disproportionate to the public interest.
