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Offender sentenced to four years in prison for the violent sexual assault and choking of a stranger.
The offender was convicted of sexual assault and choking after attacking an intoxicated stranger in a public park.
The Crown sought a sentence of four years, while the defence sought a sentence at the lower end of the three to five-year range.
The court emphasized the brutality of the assault, the vulnerability of the victim, and the need for general deterrence, while noting the offender's alcohol issues and potential for rehabilitation.
The offender was sentenced to four years in the penitentiary, along with mandatory ancillary orders including a 20-year SOIRA order, a 10-year weapons prohibition, and a DNA order.
Accused found guilty of sexual assault and choking; complainant lacked capacity to consent due to intoxication.
The accused was charged with sexual assault and choking following an encounter with the complainant in a park.
The complainant, who was highly intoxicated and lost, testified that she was sexually assaulted and choked by the accused, a stranger.
The accused claimed the encounter was consensual and that the complainant suddenly began yelling 'rape'.
The court rejected the accused's evidence as not credible and found that the complainant lacked the capacity to consent due to alcohol impairment.
The court further found that the complainant did not consent and that the accused did not have an honest but mistaken belief in consent.
The accused was found guilty of both charges.
