Following a jury conviction for sexual assault and choking arising from a violent attack by a former intimate partner in the complainant's home, the court imposed a global custodial sentence of five years.
The court treated denunciation and deterrence as paramount, found the sexual assault especially violent, and concluded the offender posed a risk of reoffending with little demonstrated insight or rehabilitative motivation.
Applying the totality principle, the court held the choking was part and parcel of the sexual assault and ordered concurrent sentences.
The court also determined credit for multiple periods of presentence custody and house arrest, resulting in total credit of 1362 days, and imposed ancillary DNA, SOIRA, weapons prohibition, and no-contact orders.
