The accused was convicted of sexual assault, assault, and uttering threats against his former intimate partner.
He failed to attend his sentencing hearing and was found to have absconded, leading the court to proceed in absentia under s. 475 of the Criminal Code.
The court appointed amicus curiae to address conflicting Court of Appeal precedents regarding sentencing ranges for sexual assault (Smith for intimate partners vs. Bradley for non-partners).
The court found the lower range for intimate partners in Smith irreconcilable with the higher range in Bradley, concluding there is no principled reason to treat intimate partner sexual assault less severely.
Applying the statutory aggravating factors of intimate partner abuse and breach of trust, the court sentenced the accused to a total of 3.5 years in custody.
