The accused, Garrett Beal, was convicted of sexual assault against an intoxicated woman in her home.
This decision concerns the appropriate sentence.
The court considered aggravating factors such as the victim's intoxication, the assault occurring in her home with her child present, the intrusive nature of the assault, and the physical injury sustained.
Mitigating factors included the accused's lack of criminal record, good character, strong support system, and employment prospects.
The court rejected a conditional sentence as disproportionate and too lenient, and also rejected the Crown's request for a 3.5-4 year penitentiary sentence as too harsh.
The court imposed a sentence of 24 months in the penitentiary, followed by three years probation, a ten-year firearms prohibition, and a twenty-year Sex Offender Information Act order.