Following conviction after trial for sexual assault, the court imposed a custodial sentence for intercourse with a complainant who was intoxicated, intermittently conscious, and incapable of consenting.
The court treated the complainant's vulnerability and the fact of unprotected intercourse as aggravating, while recognizing the offender's lack of record, work history, and community support as mitigating.
Immigration consequences were considered but not permitted to distort proportionality.
A sentence of two years less a day, less Summers credit, followed by two years probation and multiple ancillary orders, was imposed.
