Following conviction for sexual assault under s. 271 of the Criminal Code, the court imposed a penitentiary sentence after weighing denunciation, deterrence, proportionality, and the aggravating and mitigating circumstances under ss. 718, 718.1, and 718.2.
The offence involved sexual penetration of an intoxicated complainant at a family gathering after prior sexualized conduct and statements, with significant ongoing physical, emotional, and economic impact.
The offender's lack of prior criminal record, family support, employment history, and post-conviction acceptance of responsibility were mitigating, but were outweighed by the seriousness of the offence and its consequences.
A sentence of three and a half years' incarceration was imposed together with non-communication, weapons prohibition, DNA, and sex offender registration orders.
