The accused was convicted of sexually assaulting a sleeping, intoxicated victim.
At sentencing, the defence sought a conditional sentence, citing the accused's Asperger's diagnosis, family support, and the impact incarceration would have on his family.
The Crown sought a custodial sentence.
The court weighed the aggravating factors, including the extreme vulnerability of the victim and the profound impact on her life, against the mitigating factors.
The court declined to impose a conditional sentence, finding it would be inconsistent with the fundamental principles of sentencing, and sentenced the accused to 12 months of further custody followed by 3 years of probation.
