M. Feldmann

The appellant appealed his sentence of 18 months' probation for two counts of failing to comply with a recognizance in a domestic context.

He argued the sentencing judge failed to adequately consider the principle of restraint and his rehabilitation, seeking a conditional discharge due to potential employment and immigration consequences.

The Superior Court of Justice dismissed the appeal, finding the sentencing judge made no error in principle and that a suspended sentence was appropriate given the repeated breaches of court orders.

The offender was convicted by a jury of two counts of sexual assault and two counts of uttering death threats arising from incidents within an intimate relationship.

The sentencing judge determined the factual circumstances of the offences based on the complainant’s evidence, concluding beyond a reasonable doubt that the assaults involved forced anal and vaginal penetration accompanied by threats and domination.

The court emphasized denunciation and deterrence in cases of domestic sexual violence, noting numerous aggravating factors including repeated assaults, threats against the complainant and her child, breach of trust, and physical injury.

Mitigating factors included the offender’s difficult upbringing, substance abuse history, and mental health challenges, as well as time spent in pre-trial custody and restrictive bail conditions.

A global custodial sentence was imposed along with ancillary orders including a weapons prohibition, DNA order, and lifetime sex offender registration.