Agression sexuelle (jurisprudence des peines) (2000 à 2019)
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| Cette page a été mise à jour ou révisée de manière substantielle pour la dernière fois October 2023. (Rev. # 32740) |
| n.b.: Cette page est expérimentale. Si vous repérez une grammaire ou un texte anglais clairement incorrect, veuillez m'en informer à [email protected] et je le corrigerai dès que possible. |
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Digests
| Case Name | Prv. | Crt. | Sentence | Summary |
|---|---|---|---|---|
| R v Bakhshi, 2019 ABPC 166 (CanLII), par Jivraj J | AB  |
PC | "Mr. Bakhshi plead guilty to assault after initially being charged with sexual assault. He had a photography business. The complainant attended his business for a nude photo shoot. At the completion of the shoot and after the complainant was fully clothed he attempted to hug and kiss her. The complainant was not interested and as she turned away he slapped her on the buttocks. Mr. Bakhshi has no criminal record. He is 56 and possesses two university degrees and also ran a restaurant business. He has two adult children. The Defence applied for a conditional discharge. Crown was opposed. There was no victim impact statement; nor was there a psychological assessment tendered of the accused. The application for a discharge was refused, the court imposed a suspended sentence of 12 months probation. The court in refusing the discharge noted the absence of any concrete information on how a conviction might impact the accused." (Quoting from R c Alashal, 2024 ABCJ 96 (CanLII)), au para 63
| |
| R v Jensen, 2019 ABQB 873 (CanLII), par Dunlop J | AB |
SC | 18 months CSO | "the offender invited the complainant to his apartment, where they watched a movie. The complainant fell asleep on the couch and woke up to the accused massaging her. She pretended to continue sleeping while the accused rubbed her breasts under her shirt and inserted his fingers into her vagina. Justice Dunlop found the offender committed a major sexual assault but held it was “at the low end of the range of major sexual assaults.” " Trouver des résumés de cas. |
| R v Milosevic, 2019 ABQB 199 (CanLII), par Gill J | AB |
SC | "the victim and the offender arrived at a friend’s apartment with several other people. The victim was asleep in a bedroom when the offender began touching her. The offender proceeded to kiss, undress, and insert his tongue into her vagina after she awoke: Milosevic at para 12. The offender was a Serbian working in Canada as a drywaller and painter on a temporary foreign worker visa. The conviction would likely result in his deportation. He was described in reference letters as kind and reliable. The trial judge found it mitigating that “the Accused is of above average good character and that this offence was out of character”. The vulnerability of the sleeping victim was aggravating. The offender was sentenced to 30 months in prison: Milosevic at paras 22, 24-26, 43." [1] Trouver des résumés de cas. | |
| R v Shrivastava, 2019 ABQB 663 (CanLII), par Antonio J | AB |
QB | The accused had forced vaginal intercourse on an unconscious female without a condom. Trouver des résumés de cas. | |
| R v BAB, 2019 BCPC 172 (CanLII), par Hewson J | BC  |
PC | Trouver des résumés de cas. | |
| R v Percy, 2019 NSPC 12 (CanLII), par Buckle J | NS  |
PC | 2 ans d'emprisonnement (Sexual Assault) 1 ans d'emprisonnement (voyeur) |
Trouver des résumés de cas. |
| R v CWZ, 2018 ONSC 3478 (CanLII), par Akhtar J | ON  |
SC | 6 years (global) | The offender was convicted of sexual assault against his wife and daughter. Trouver des résumés de cas. |
| R v FHL, 2018 ONCA 83 (CanLII), par Epstein JA | ON |
CA | 8 ans d'emprisonnement | The offender sexually assaulted his girlfriend's 12 year old daughter. The victim gave birth to a child. Trouver des résumés de cas. |
| R v JAM, 2018 NSSC 285 (CanLII), par Scaravelli J | NS |
SC | Trouver des résumés de cas. | |
| R v Sitko, 2017 ABCA 434 (CanLII), par curiam | AB |
CA | "the offender committed a major sexual assault on a sleeping victim. In a memorandum that contains little detail about the offence or the offender, the Court of Appeal increased the sentence of imprisonment from 18 months to two years less a day, while maintaining an 18-month probation order. It held that the sentencing judge had properly “referenced the respondent’s intoxication to explain – but not to justify or mitigate - the behavior of an otherwise pro-social mature adult” and correctly accounted for mitigating factors that included remorse and “better-than-average character, both of which are supported by the positive pre-sentence report and supporting letters”. It found that the sentencing judge had failed “to expressly consider the complainant’s vulnerability as a sleeping and intoxicated victim”, underscoring that it had, “on numerous occasions, unequivocally condemned the act of sexually assaulting a sleeping or unconscious complainant and, in doing so, has sent a strong message that sexually assaulting someone in a vulnerable position is an aggravating factor on sentencing.” The court emphasized that the sentence it imposed was “towards the low end of the applicable range in the circumstances of this case”: Sitko at paras 4-6, 8-9." [2] Trouver des résumés de cas. | |
| R v Krueger, 2017 ABQB 459 (CanLII), par Jerke J | AB |
SC | "the victim was 16 years of age at the time of the offence and was attending a party at her friend’s place. Most of the guests were adults, including the 42-year-old offender. The victim fell asleep in her friend’s bedroom. The offender entered the room and rubbed her body, digitally penetrated her vagina, and performed cunnilingus while she slept. He was sentenced to two and a half years’ imprisonment. The court found he had a stable personal life and there was no need for further special deterrence. However, in addition to the aggravation of the victim’s age and unconscious state, the court was concerned that the offender’s attitude appeared to be “entrenched in stereotypical thinking and myth-like beliefs”, including believing the victim was “flirting” with him, inferring consent from the victim’s silence, and otherwise shifting the responsibility to the victim. The 30-month jail sentence was “meant to seriously denounce this conduct, dislodge [the offender’s] attitudes and the attitudes of others like-minded, and to deter others who might otherwise act on those wrong attitudes”: Krueger at paras 3-4, 8-11, 43, 48-49, 54, 56." [3] Trouver des résumés de cas. | |
| R v Wright, 2017 ABPC 150 (CanLII), par Yake J | AB |
PC | "the victim allowed the homeless offender to sleep in her apartment because of the bad weather and awoke to the offender thrusting his penis inside her vagina. The offender was a 56-year-old indigenous man with a criminal record. He was raised in an atmosphere of poverty, alcohol abuse and racism and had struggled with substance abuse himself. He had little education and had held a variety of jobs ranging from farm hand to carpenter. He showed no insight into the effects of his conduct on the victim or the community. It was aggravating that the offender abused the victim’s kindness and hospitality. Gladue factors diminished his moral culpability to some extent and mitigated the sentence by six months. The offender was sentenced to 48 months in prison: Wright at paras 7-15, 29-30, 32-46, 51, 54-56, 62." [4] Trouver des résumés de cas. | |
| R v Burton, 2017 NSSC 181 (CanLII), par Arnold J | NS |
SC | 2 ans d'emprisonnement, probation | "a major sexual assault that included unprotected vaginal intercourse. The offender twice masturbated next to the victim and rubbed his ejaculate on her hand. The victim was asleep or unconscious when assaulted. The sentence was two years imprisonment followed by three years probation. The offender with no criminal record successfully battled his addiction issues, ran a successful business, admitted guilt and was remorseful and the sole caregiver for twin toddlers and would be eligible for community based sexual offender treatment which was ordered as part of the conditions of probation." [5] Trouver des résumés de cas. |
| R v Simpson, 2017 NSPC 25 (CanLII), par Tax J | NS |
PC | 3 ans d'emprisonnement | "The accused and victim went on a date and had consensual oral sex. The victim was clear that she did not want to have vaginal sex. Despite her expressed objection, the accused had unprotected vaginal intercourse with her. There were no other allegations of violence or abuse. The Court held that the range for this type of offence was two-to-three years. The accused had no prior record, lived a prosocial life and had a career in the navy. He was described by others as a “dedicated family man” , and “very reliable” navy seaman. I note that this case was decided pre-Friesen. While I have considered I attach less weight to its precedential value." [6] Trouver des résumés de cas. |
| R v Meyers, 2017 SKQB 4 (CanLII), par McMurtry J | SK  |
SC | 5 years | The offender was convicted of sex assault and uttering threats. He used threats to coerce sex. He digitally penetrated the female victim's vagina and anal intercourse. Trouver des résumés de cas. |
| R v Adubofour-Poku, 2017 BCPC 192 (CanLII), par RP Harris J | BC |
PC | Trouver des résumés de cas. | |
| R v Narcisse, 2017 BCSC 2485 (CanLII), par Donegan J | BC |
SC | 2 years less a day | "the offender in that case had been told to leave the intoxicated victim alone when she was put to bed. A friend went to check on her and he discovered Mr. Narcisse engaged in intercourse with her while she was unconscious. He refused to stop when the friend demanded he leave, pushed the friend out, and slammed the door, leaving only when the friend returned confronting him with a knife. The Court imposed a sentence of two years less one day followed by probation, commenting that this sentence was at the bottom end of the range for such an offence." [7] Trouver des résumés de cas. |
| R v JP, 2017 NSPC 54 (CanLII), par Chisholm J | NS |
PC | 8 months CSO | The judge also ordered lifetime SOIRA, DNA Order and firearms prohibition. Trouver des résumés de cas. |
| R v Laidman, 2017 ONCJ 792 (CanLII), par Gage J | ON |
PC | "the complainant and offender were friends. One evening, the offender stroked the complainant’s penis under his clothes. The complainant told him to stop, but the offender persisted and the stroking continued. The complainant told the offender to stop three more times. The offender pushed the complainant on his back, pulled down his pants, performed fellatio for two minutes, and put his finger in his anus before stopping. The offender was 24 years old, had no criminal record, had an alcohol addiction, and sought counselling after the offence." Trouver des résumés de cas. | |
| R v Clase, 2017 ONSC 45 (CanLII), par O'Marra J | ON |
SC | 5 ans d'emprisonnement | " After trial the accused was found guilty of sexual assault and attempt to choke. The accused and victim met at a bar and afterward the victim and the accused’s friend attended his residence. At some point during the evening the accused pushed her on the bed and forced vaginal intercourse. She was choked during the events. The 36-year-old accused had no prior record, was gainfully employed, and described by others as a “good person” and “reliable worker”." [8] Trouver des résumés de cas. |
| R v O’Brien, 2017 SKQB 88 (CanLII), par Dawson J | SK |
SC | 14.3 mois d'emprisonnement (time served) | The offender was having an affair with the female victim. He met her at his house where he attempted to hug and kiss her. She told him not to touch her. He lifted her up and put her on the bed and attempted to undo her pants. She pushed him off. He put his hands around her neck for 5 to 10 seconds and then stopped on his own accord. Trouver des résumés de cas. |
| R v OB, 2016 ONSC 6861 (CanLII), par Corrick J | ON |
SC | 2 years less a day imprisonment | The offender touched the victim's breasts numerous times over 5 years. He was a father figure to the victim and in a position of trust. Trouver des résumés de cas. |
| R v JLM, 2016 ABPC 285 (CanLII), par Redman J | AB |
PC | 6 mois d'emprisonnement | Touched breasts and attempted to touch inside pants. Trouver des résumés de cas. |
| R v Matthews, 2016 BCPC 59 (CanLII), par Challenger J | BC |
PC | 6 months CSO |
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| R v Hume, 2016 BCCA 230 (CanLII), par Garson JA | BC |
CA | Trouver des résumés de cas. | |
| R v Halkett, 2016 SKPC 65 (CanLII), par Robinson J | SK |
PC | 18 months CSO | The offender attempted to have anal intercourse in the police drunk tank with an unconscious detainee. He was 54-year-old aboriginal band member with a significant but dated record. Trouver des résumés de cas. |
| R v Nippi, 2015 SKQB 90 (CanLII), par Turcotte J | SK |
SC | 2 years less a day imprisonment | The offender was found guilty of sexual assault and unlawfully in a dwelling. While intoxicated he entered a residence where a female laid sleeping. He undressed and then kissed her, fondled her and rubbed his penis against her. The offender was 35 years old and a member of a First Nations. Trouver des résumés de cas. |
| R v CBK, 2015 NSSC 62 (CanLII), par Gogan J | NS |
SC | 4.5 ans d'emprisonnement | "After trial the accused was found guilty of six offences: sexual assault, unlawful confinement, assault causing bodily harm, two counts of uttering threats, and theft. The accused and victim were in a common law relationship. Prior to the events before the court there had been no history of violence within the relationship. The offender suspected the victim had been unfaithful with a former boyfriend. Upon seeing pictures of the victim with her former boyfriend on the victim’s phone he lost control. Throughout the night the accused hit the victim many times causing physical injury. He threatened her, took her money, and ultimately forced intercourse without her consent. The accused was 26 years of age and had a significant prior record." [9] Trouver des résumés de cas. |
| R v Sayers, 2015 ABCA 21 (CanLII), par curiam (2:1) | AB |
CA | 4 ans d'emprisonnement (global) | The offender was found guilty of sexual assault of two females aged 8 and 11. He touched their breasts and vaginal area underneath their clothing. One judge dissented. [Per Paperny JA with Martin JA dissenting] Trouver des résumés de cas. |
| R v Rosenthal, 2015 YKCA 1 (CanLII) per Schuler J | YK | CA | "the court referred to the range in Yukon—involving non-consensual sexual intercourse with a sleeping or unconscious victim—as being 12–30 months jail time. The suspended sentence in the court below was found to be unfit and a 14-month jail term was imposed." | |
| R v RJW, 2014 CanLII 28797 (NLSCTD), par Halley J | NL  |
SC | 12 months CSO | offender touched breasts of two female sisters aged 12 and 15. Offence occurred in the 1970s while he lived with the victims. Trouver des résumés de cas. |
| R v Tyers, 2014 BCPC 140 (CanLII), par Smith J | BC |
PC | 12 mois d'emprisonnement | offender was a chiropractor who touched the breasts and vagina of a patient. Trouver des résumés de cas. |
| R v Garrett, 2014 ONCA 734 (CanLII), par curiam | ON |
CA | "the Ontario Court of Appeal, raised a sentence of 90 days to 18 months on a Crown appeal of sentence. The complainant and the accused knew each other. They went out on a date and had dinner and drinks. They engaged in consensual kissing but then the complainant told the accused to stop. He did not stop and instead forced vaginal intercourse on her over her constant objection, causing bruising to the complainant’s tailbone and inner thigh." [10] Trouver des résumés de cas. | |
| R v Klok, 2014 ABPC 102 (CanLII), par Allen J | AB |
PC | 9 mois d'emprisonnement | Offender was a teacher of the complainant, engaged in masturbation. Complainant was around 18 years old. The offender was in a position of trust at the time. Trouver des résumés de cas. |
| R v SP, 2014 BCSC 2545 (CanLII), par Tindale J | BC |
SC | Trouver des résumés de cas. | |
| R v McLean, 2014 BCSC 1293 (CanLII), par Romilly J | BC |
SC | 3 ans d'emprisonnement | Trouver des résumés de cas. |
| R v Eustache, 2014 BCCA 337 (CanLII), par Frankel JA | BC |
CA | Trouver des résumés de cas. | |
| R v Fertig, 2014 ABCA 317 (CanLII) | AB |
CA | 5 years | "the court upheld a five year sentence for 10 to 15 incidents of sexual intercourse (rape) from 1975-77, when the victim was between 12 and 15-years of age. At the time, the accused was a 37-year-old teacher. The victim was a student at his school and babysat the accused’s children;" Trouver des résumés de cas. |
| R v Long, 2013 ONCJ 617 (CanLII), par Baldwin J | ON |
PC | 90 days intermittent | The offender touched the breasts of the victim on three occasions. He was the victim's employer. He was 60 years old. She was 29 years old and had a learning disability. He had no criminal record and was remorseful. |
| R v Racco, 2013 ONSC 1517 (CanLII), par Durno J | ON |
SC | CSO | The offender touched the victim's vaginal area through her clothes and put his tongue in her mouth while kissing. The offender was 49 years old and the victim's boss. He had no prior record. The victim claimed but unproven PTSD from the incident. Trial judge ordered 6 months jail. Summary Conviction Appeal changed the sentence to a Conditional Sentence Order. Trouver des résumés de cas. |
| R v Millette, 2013 QCCS 3479 (CanLII), par Moulin J | QC  |
SC | fine + probation | Trouver des résumés de cas. |
| R v Myette, 2013 ABCA 371 (CanLII) | AB |
CA | 18 mois d'emprisonnement | "the court set aside an 18-month suspended sentence for sexual assault which had been imposed due to the trial judge's determination that a prison sentence would be unduly harsh due to the offender's visual impairment." "The offender had digitally penetrating his friend's vagina while she was asleep. Myette was blind and required 24 hour assistance from his guide dog." [11] [12] Trouver des résumés de cas. |
| R v JWS, 2013 NSPC 7 (CanLII), par Derrick J | NS |
PC | "on May 6 Mr. S. was angry at MLC because she had ignored his texts and calls. There was also the issue of the abortion which MLC was insisting on going ahead with. Mr. S. pushed around MLC's furnishings in anger, bit her in anger, went and took a knife from the kitchen in anger, tore her t-shirt in anger, tore her underpants in anger, and then had sex with her. Mr. S. dominated MLC that night and did nothing to ensure that in spite of everything that had happened in the bedroom, she was a willing sexual partner." Trouver des résumés de cas. | |
| R v Sun, 2013 BCPC 334 (CanLII), par Rideout J | BC |
PC | "the offender was an acupuncturist and massage therapist. The victim was his employee. They had been out for dinner on two occasions which the victim said was platonic. He touched and bit her breast during a massage believing that she was interested in a sexual relationship." [13] Trouver des résumés de cas. | |
| R v Yamelst, 2013 BCSC 1689 (CanLII), par Willcock J | BC |
SC | 18 mois d'emprisonnement | Trouver des résumés de cas. |
| R v DS, 2013 ONCA 244 (CanLII), par MacPherson JA | ON |
CA | 12 ans d'emprisonnement | sexual assault on wife Trouver des résumés de cas. |
| R v Michelin, 2013 SKQB 390 (CanLII), par Dawson J | SK |
QB | 1 ans d'emprisonnement | Trouver des résumés de cas. |
| R v Wilson, 2012 NBQB 326 (CanLII), par McLellan J | NB  |
SC | 24 mois d'emprisonnement | The offender was a bartender who sexually assaulted female in washroom. Conduct involved forced oral sex, fondled her breasts, fingered her and tried to stick a sex toy in her anal region, attempted intercourse. The victim fell and was permanently injured during incident. Trouver des résumés de cas. |
| R v Chandra, 2012 BCPC 543 (CanLII), par Rounthwaite J | BC |
PC | Trouver des résumés de cas. | |
| R v Burton, 2012 ONSC 5920 (CanLII), par Maranger J | ON |
SC | absolute discharge | Trouver des résumés de cas. |
| R v H(J), 2012 ONCJ 753 (CanLII), par M Green J | ON |
PC | Conditional Discharge | Trouver des résumés de cas. |
| R v Boden, 2012 BCPC 331 (CanLII), par Giardini J | BC |
PC | 6 to 9 months | also sentenced to assault peace officer--offender grabbed the buttocks of two women unknown to him in an attempt to flirt with them. Trouver des résumés de cas. |
| R v TJH, 2012 BCPC 115 (CanLII), par Ellan J | BC |
PC | discharge | The offender was convicted for touching over clothes. No SOIRA ordered because not a "conviction". Trouver des résumés de cas. |
| R v Martell, 2012 SKPC 47 (CanLII), par Harradence J | SK |
PC | 9 mois d'emprisonnement | sexual assault of person at a party. Female was passed out naked, offender fondled breasts, undressed himself, got on top of her, no evidence of injury or penetration. Trouver des résumés de cas. |
| R v BRE, 2012 NSSC 253 (CanLII), par Coughlan J | NS |
SC | Absolute Absolution | Trouver des résumés de cas. |
| R v Tuffs, 2012 SKCA 6 (CanLII), par Lane JA | SK |
CA | 12 mois d'emprisonnement | The offender put his hand down the pants of victim, touching of genitals, approximately 30 seconds in duration, Crown appeal of a suspended sentence. Trouver des résumés de cas. |
| R v Moosomin, 2012 SKQB 386 (CanLII), par Zarzeczny J | SK |
SC | 33 mois d'emprisonnement | Trouver des résumés de cas. |
| R v DS, 2012 SKQB 118 (CanLII), par Acton J | SK |
SC | 30 mois d'emprisonnement | forced intercourse with ex-partner. Trouver des résumés de cas. |
| R v Freake, 2012 NLCA 10 (CanLII), par Welsh and Rowe JJA | NL |
CA | 4 ans d'emprisonnement | force intercourse between partners. Trouver des résumés de cas. |
| R v RK, 2012 SKPC 17 (CanLII), par Klause J | SK |
PC | 18 mois d'emprisonnement | historical sexual assault (1982), sexual intercourse with step daughter Trouver des résumés de cas. |
| R v DHE, 2012 NSSC 260 (CanLII), par Scaravelli J | NS |
SC | 3 ans d'emprisonnement | Trouver des résumés de cas. |
| R v JJW, 2012 NSCA 96 (CanLII) | NS |
CA | Trouver des résumés de cas. | |
| R v PN, 2011 NLTD 158 (CanLII), par Goodridge J | NL |
SC | 3 ans d'emprisonnement | intercourse with teenage niece, threatened if she called police Trouver des résumés de cas. |
| R v NKP, 2011 ABCA 361 (CanLII), par Slatter JA | AB |
CA | 9 ans d'emprisonnement | assaulted 7 family members; recorded some on video Trouver des résumés de cas. |
| R v Murphy, 2011 NLCA 16 (CanLII), par Welsh JA | NL |
CA | 3.5 ans d'emprisonnement | forced intercourse in front seat of vehicle, prior record for violence. Trouver des résumés de cas. |
| R v IKL, 2011 NLTD 7 (CanLII), par Seaborn J | NL |
SC | 3 ans d'emprisonnement | numerous incidents of intercourse with a minor Trouver des résumés de cas. |
| R v Dorah, 2011 ONSC 6503 (CanLII), par MacDonnell J | ON |
SC | 2 years less a day imprisonment | forced intercourse in a dating couple Trouver des résumés de cas. |
| R v Smith, 2011 ONCA 564 (CanLII), par Epstein JA | ON |
CA | "Numerous counts involving two victims on the sentence appeal. The facts involved a death threat to D.Q., and assaults on M.O., including a sexual assault. The Court endorsed the proposition that in cases of sexual assault involving forced intercourse with a spouse or former spouse, sentences generally ranged from twenty‑one months to four years. The Court noted that the Crown had chosen to not cross‑appeal sentence, and therefore would not impose a sentence exceeding three years’ incarceration" Trouver des résumés de cas. | |
| R v Berens, 2011 MBQB 255 (CanLII), par Schulman J | MB  |
SC | 2 years less a day imprisonment | intercourse while asleep; no remorse; gladue factors Trouver des résumés de cas. |
| R v WHA, 2011 NSSC 246 (CanLII), par Roskinski J | NS |
SC | 5 ans d'emprisonnement | Trouver des résumés de cas. |
| R v Pratt, 2011 BCPC 382 (CanLII), par Pothecary J | BC |
PC | 5 ans d'emprisonnement | digital penetration; oral sex; attempted intercourse; violence used Trouver des résumés de cas. |
| R v BL, 2011 BCPC 254 (CanLII), par Palmer J | BC |
PC | "the offender was the employer of a female adult. When the female employee went to his office, he put his arm around her and slid his hand up under her top and fondled her breasts. He then tried to lower the zipper on her pants and was told to stop and did so. A conditional discharge was granted." [14] Trouver des résumés de cas. | |
| R v Trotman, 2011 ONCJ 604 (CanLII), par Lipson J | ON |
PC | 8 mois d'emprisonnement | The offender was convicted of grabbing 15 year old girl multiple times, included hugs and kisses. Trouver des résumés de cas. |
| R v JS, 2011 ONSC 1743 (CanLII), par Lalonde J | ON |
SC | Trouver des résumés de cas. | |
| R v Ince, 2011 NBQB 324 (CanLII), par Grant J | NB |
SC | 9 mois d'emprisonnement | touching female while she was asleep Trouver des résumés de cas. |
| R v DT, 2011 ONCJ 545 (CanLII), par Dean J | ON |
PC | 18 mois d'emprisonnement | digital penetration; touching; victim was disabled by C.P. Trouver des résumés de cas. |
| R v McDonald, 2011 ABCA 307 (CanLII), par Bielby JA (2:1) | AB |
CA | 32 mois d'emprisonnement | attempted sexual assault; unlawful entry Trouver des résumés de cas. |
| R v Paulin, 2011 ONSC 5027 (CanLII), par Spies J | ON |
SC | 2 ans moins un jour d'ordonnances de sursis | attempted oral and anal intercourse. "[T]he complainant and the offender were men in the military. One evening, the offender grabbed the complainant and pushed him to the ground, laid on top of him, and tried to make him perform oral sex on him. The complainant did not open his mouth. The offender then tried to perform oral sex on the complainant but was unsuccessful. The offender then pushed the complainant against a bench and attempted to lick his anus and insert his penis. The offender was of Indigenous heritage, did not have a criminal record, and asserted his innocence at the sentencing hearing." Trouver des résumés de cas. |
| R v JW, 2010 NSPC 40 (CanLII), par Tax J | NS |
PC | Conditional Discharge | Trouver des résumés de cas. |
| R v Abdullahi, 2010 YKTC 76 (CanLII), par Cozens J | YK | SC | 3 months CSO + probation | The offender was a taxi driver who put the victim's hand on his groin area, exposed his penis and then put her hand on it. The offender had no record. Trouver des résumés de cas. |
| R v AN, 2010 ONCJ 288 (CanLII), par Diguseppe J | ON |
PC | 2 years less a day imprisonment | parties knew each other; moderate use of force; accused intoxicated Trouver des résumés de cas. |
| R v RRW, 2010 NLTD 135 (CanLII), par Goodridge J | NL |
SC | 4 ans d'emprisonnement | broke into residence of 14-year-old niece, full intercourse, threatened victim if she called police Trouver des résumés de cas. |
| R v Reyes-Borgwardt, 2010 BCSC 1594 (CanLII), par Grauer J | BC | SC | Conditional Discharge | "involves a number of intoxicated males photographing an unconscious male friend with his buttocks bared and the offender mimicking oral/anal sex. A conditional discharge was granted." [15] Trouver des résumés de cas. |
| R v Kasokeo, 2009 SKCA 48 (CanLII), par Cameron JA | SK |
CA | 27 mois d'emprisonnement | sleeping victim; appeal from 15 months jail; "probably" full intercourse Trouver des résumés de cas. |
| R v Zarpa, 2009 NLTD 175 (CanLII), par Goodridge J | NL |
SC | 3.5 ans d'emprisonnement | intercourse with sleeping woman Trouver des résumés de cas. |
| R v Nolan, 2009 ONCA 727 (CanLII), par curiam | ON |
CA | 21 month CSO | "[T]he offender and the complainant were married. The offender tied down the complainant on their bed, covered her mouth with duct tape, punched her in the face, and threatened to cut her vagina. After cutting her loose, the offender and the complainant engaged in non-consensual sexual intercourse. The complainant suffered from bruising and swelling on her face." Trouver des résumés de cas. |
| R v LP, 2009 BCPC 279 (CanLII), par Ellan J | BC |
PC | Ordonnances de probation | The offender was convicted at trial of groping the victim and forcing her to touch him on one occasion. Trouver des résumés de cas. |
| R v Kasokeo, 2009 SKCA 48, 324 Sask. R. 156, {{{2}}}(*pas de liens CanLII) | SK |
CA | "the victim had fallen asleep after drinking. She awoke to find her pants and underwear at her ankles and the offender was behind her engaging in a sexual act. The offender was thrusting behind her but it was not entirely clear whether penile penetration occurred. This Court overturned the 15 month sentence and imposed one of 30 months. Unlike the appellant, the offender had a very minor record consisting of convictions for two break and enters, uttering a forged document and two for failing to attend court." [16]
| |
| R v CRP, 2009 ABPC 32 (CanLII), par LeGrandeur J | AB |
PC | Ordonnances de probation | Offender was flirting with 17 year old he knew for 8 years. He "momentarily touched her vaginal area outside her clothing, moving his fingers during the touch". "The 56 year old accused touched briefly the vagina of a 17 year old who was boarding her horse at his acreage. Judge LeGrandeur imposed a 2 year suspended sentence for an offender who had pled guilty, repeatedly expressed remorse, and who had taken responsibility by undertaking counselling for this mental health issues before the sentencing. I note that a discharge was not granted in that case. In CRP Judge LeGrandeur specifically found that there were not adverse psychological harms to the complainant." (Quoting from R c Alashal, 2024 ABCJ 96 (CanLII)), au para 66 |
| R v Chrispen, 2009 SKCA 63 (CanLII), par Hunter JA | SK |
CA | 9 months CSO | 18 year old accused; fondled breasts of victim; no record. Trouver des résumés de cas. |
| R v Goulet, 2008 MBPC 6 (CanLII), par Devine J | MB |
PC | 3 ans d'emprisonnement | grabbing a stranger in public, attempted to knock her out and sexually assault her; stopped by samaritans Trouver des résumés de cas. |
| R v A. (B.),, 2008 ONCA 556 (CanLII), par Moldaver and Simmons JJA | ON |
CA | 3.5 ans d'emprisonnement | vulnerable victim; assault over 18 months Trouver des résumés de cas. |
| R v Dahouky, 2008 CanLII 19498 (ON SC), par McDermid J | ON |
SC | 9 months jail & probation | failed attempt to penetrate victim while asleep Trouver des résumés de cas. |
| R v Calnen, 2008 NSCA 6 (CanLII), par Bateman JA | NS |
CA | 4 months CSO | sexual touching of bottocks; accused impaired by alcohol at time Trouver des résumés de cas. |
| R v ADC, 2008 SKCA 108 (CanLII), 236 C.C.C. (3d) 92, par Richards JA |
SK |
CA | 30 mois d'emprisonnement | "the offender and the victim had been picked up by the police and placed in the drunk tank. The victim had fallen asleep and the offender began cuddling him. He then removed the victim’s pants and rubbed his buttocks. The offender them removed his pants and engaged in what appeared to be simulated anal intercourse. Actual penetration was not established. The victim never awoke. The offender had six prior convictions on his record including one for sexual assault. This Court overturned the conditional sentence and imposed a sentence of 30 months incarceration." Trouver des résumés de cas. |
| R v Paul, 2008 ABQB 273 (CanLII), 445 AR 203, par Burrows J |
AB |
SC | 2 years less a day CSO | "the offender had unprotected vaginal sexual intercourse with the complainant while she was “completely out of it” and “half awake.” Both had consumed alcohol. When the intercourse was over, the offender dressed the complainant and took her home. The next morning, the complainant had no memory of the events. The offender pleaded guilty, was 20 years old, and had an unrelated criminal record."[17] Trouver des résumés de cas. |
| R v Sampson, 2008 ONSC 1665(*pas de liens CanLII) | ON |
SC | "the complainant went to a nightclub. The offender was the manager of the club. The offender had non-consensual intercourse with the complainant despite her objections that he stop. The intercourse lasted five to ten minutes. The complainant was dizzy, nauseous, and intoxicated. The offender consumed little alcohol. The offender was 32 years old, had an unrelated criminal record, and was found guilty after a trial. Justice Newbould sentenced the offender to a CSO of two years less a day." [18]
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| R v DBR, 2008 ONCJ 412 (CanLII), par McGrath J | ON |
PC | 10 ans d'emprisonnement (JR) | sexual assault x 3; sexual touching of minor x 2; confinement x 1. Occurred over several years Trouver des résumés de cas. |
| R v Woods, 2008 SKCA 40 (CanLII), par Richards JA | SK |
CA | 22 mois d'emprisonnement | confinement, violence, digital penetration, intercourse, prolonged Trouver des résumés de cas. |
| R v M(B), 2008 ONCA 645 (CanLII), par curiam | ON |
CA | "Accused had been sentenced to nine months’ imprisonment with two years’ probation and SOIRA Order for seven years of compliance. The Crown appealed. The Court allowed the appeal, increasing the imprisonment term to two years less one day, and a mandatory twenty year SOIRA Order. The Respondent had engaged in anal intercourse with his developmentally delayed wife without her consent. The Court indicated that prior abusive conduct may be relevant to the sentencing to show the character and background of the offender, particularly to assess the need for individual deterrence, rehabilitation, or the protection of the public. Sentence at trial failed to send the message that those who victimize their partners within the context of the marital relationship must know that serious consequences will follow;" Trouver des résumés de cas. | |
| R v Byer, 2007 ONCA 694 (CanLII), par curiam | ON |
CA | 6 ans d'emprisonnement | administered drug and performed unprotected sex on 4 victims; occurred over 15 years Trouver des résumés de cas. |
| R v Law, 2007 ABCA 203 (CanLII), par curiam | AB |
CA | 3 ans d'emprisonnement | victim passes out at a party; digital penetration, full penetration Trouver des résumés de cas. |
| R v Marriott, 2007 NSSC 99 (CanLII), par Robertson J | NS |
SC | 12 months CSO | Offender touched breast and vagina of female aged 22. Victim had intellectual deficits. Trouver des résumés de cas. |
| R v Jennings-Grimwood, 2007 ONCJ 481(*pas de liens CanLII) | ON |
PC | 6 months jail & probation | undress sleeping victim; ejaculated on her leg; no sexual intercourse
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| R v Roberge, 2007 ONCA 435 (CanLII), par curiam | ON |
CA | 3 ans d'emprisonnement | disabled victim passed out; appeal of conditional sentence Trouver des résumés de cas. |
| R v Rusk, 2007 ABCA 189 (CanLII), par Hunt JA | AB |
CA | 4 ans d'emprisonnement | fondling and attempted sexual assault of a spastic quadriplegic. Trouver des résumés de cas. |
| R v M(D), 2007 ONCA 690 (CanLII), par curiam | ON |
CA | 1 year imprisonment | child under age of 10; sexual touching; no record Trouver des résumés de cas. |
| R v Cook, 2007 ABPC 86 (CanLII), par Allen J | AB |
PC | church minister sexually assaults two persons (age 13 and 20), not position of trust Trouver des résumés de cas. | |
| R v Durnford, 2006 CanLII 34694 (NL P.C.), par Gorman J | NL |
PC | 9 mois d'emprisonnement | confined, fondled and undressed victim Trouver des résumés de cas. |
| R v Wark, 2006 ONCJ 197 (CanLII), [2006] OJ No 2202 (C.J.), par Brophy J |
ON |
PC | 6 mois d'emprisonnement | age 25; no record; digital penetration Trouver des résumés de cas. |
| R v Rich, 2006 NLTD 84 (CanLII), par Fowler J | NL |
SC | 3 ans d'emprisonnement | Trouver des résumés de cas. |
| R v AO, 2006 ONCJ 117 (CanLII), par Gage J | ON |
PC | 12 month CSO | "[T]he complainant and offender were in a romantic relationship. The offender arrived at the complainant’s apartment late one night and fought. A struggle ensued, in which the offender attempted to and succeeded in removing the complainant’s pants. The complainant resisted, saying “no.” The offender pushed the complainant onto the couch, entered her vagina without a condom, and ejaculated into her. The offender had no criminal record and asserted his innocence at the sentencing hearing. Justice Gage sentenced the offender to a 12-month CSO." Trouver des résumés de cas. |
| R v F(EW), 2006 NLTD 91 (CanLII), par Seaborn J | NL |
SC | 18 mois d'emprisonnement | intercourse with adult sister while she was asleep, alcohol involved. Trouver des résumés de cas. |
| R v Iron, 2005 SKCA 84 (CanLII), par Sherstobitoff JA | SK |
CA | 20 mois d'emprisonnement | "he victim awoke to find the offender on top of her, kissing her and pressing his body against her. She told him to stop but he would not. He held her hands above her head, fondled her breasts and genitals and digitally penetrated her vagina. Mr. Iron was a father to five children. He had a positive upbringing and completed substance abuse treatment before he was sentenced. He had a criminal record that was, relatively speaking, minor and unrelated. This Court overturned the two years less one day conditional sentence and imposed 20 months incarceration after giving the offender credit for serving part of the conditional sentence." [19]
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| R v Gilmour, 2005 ABQB 354 (CanLII), par Lee J | AB |
SC | Conditional Discharge | "This was a Summary Conviction Appeal. The accused was found guilty after trial of a sexual assault. The accused, a 71-year semi-retired accountant attendant a gift store and approached a female employee. She was bending over a display straightening merchandise. The accused came up to her right side and put his hips against her, then pressed his groin harder into her side. He commented that the employee was a busy girl. The accused asked her some questions about what she does at night. She finally commented “oh my gosh what are you doing”. The accused then asked her if she had a boyfriend, to which she responded in the affirmative. The accused left the store. He then re-entered, approached the complainant and put his arm around her. The accused then asked her what was the matter and if she had a cold. She said no told him he was a disgusting pervert and told him to leave her alone. He then said “oh” and left the store. The matter went to trial. The accused did not testify. He was found guilty. Justice Lee dismissed the conviction appeal. The Provincial Court Judge gave the accused a conditional discharge. The court noted the age of the accused, noted he had no criminal record, and opined that it was unlikely that the accused would ever do anything criminal again. The court characterized the assault as at the low end of sexual assault. Justice Lee affirmed the conditional discharge and specifically the finding by the sentencing judge that this was at the low end of sexual assaults. " (Quoting from R c Alashal, 2024 ABCJ 96 (CanLII)), au para 65
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| R v PSB, 2004 NSCA 25 (CanLII), par Cromwell JA | NS |
CA | 25 mois d'emprisonnement | The offender was convicted for touching, masturbating and performing oral sex with his 4 year old son. Trouver des résumés de cas. |
| R v AJA, 2004 NSSC 242 (CanLII), par Cacchione J | NS |
SC | 12 months CSO | The offender convicted of sexual touching. He lived with a child under the age of 14 and her mother. The child asked the accused to father her a child because they were "soul mates". He was 49 years old and had an unrelated record from over 25 years ago. Trouver des résumés de cas. |
| R v ASG, 2004 NSCA 7 (CanLII), par Cromwell JA | NS |
CA | 8 ans d'emprisonnement (global) | See Making Child Pornography (Sentencing Cases) for summary Trouver des résumés de cas. |
| R v MJH, 2004 SKCA 171 (CanLII), par Sherstobitoff JA | SK |
CA | 2.5 ans d'emprisonnement | victim passed out; offender found humping unconscious victim; removed victim's clothes Trouver des résumés de cas. |
| R v Stoney, 2004 ABPC 3 (CanLII), par Allen J | AB |
PC | 10 ans d'emprisonnement | Trouver des résumés de cas. |
| R v Ingrey, 2003 SKQB 300 (CanLII), par Rothery J | SK |
SC | Conditional Discharge, 12 months probation | Trouver des résumés de cas. |
| R v GLJP, 2003 NSSC 168 (CanLII), [2003] NSJ No 509, par A Boudreau J |
NS |
SC | 10 ans d'emprisonnement | The offender was convicted of aggravated sexual assault, sexual assault of a weapon, unlawful confinement, and uttering threats. His girlfriend tried to break up with him and so he tortured her over 3 hours. He slashed her face with a knife, splitting her lip and then had intercourse with her on a chair. Trouver des résumés de cas. |
| R v RG, 2003 NLCA 73 (CanLII), par Cameron JA | NL |
CA | "the offender was sentenced to six months imprisonment for an act of non‑consensual sexual intercourse with his spouse. In upholding the sentence, the Court of Appeal indicated that “in this Province the normal range of sentence for sexual assault involving penetration is three to seven years.” However, it concluded the trial judge was correct in concluding that “the circumstances of this case are quite unusual and that this case is an appropriate one for a sentence below the normal range.” There the couple remained together after the assault and had consensual relations for another seven months. The wife gave a statement to the police only after their separation. Moreover, the offender had served his sentence and been released. None of these facts are present in the matter under appeal." Trouver des résumés de cas. | |
| R v RH, , [2003] NJ No 336 (CA)(*pas de liens CanLII) | NL |
CA | 6 mois d'emprisonnement | non-consentual sexual intercourse with spouse. Trouver des résumés de cas. |
| R v Sark, 2003 NBQB 35 (CanLII) | NB |
SC | "years passed between the “brutal and violent” rape of a younger cousin and conviction/sentencing. There was also another simple assault conviction. Over time, the accused changed considerably;
he had become “a good person”, a police officer and municipal politician. The court noted however, “It is easier to grant a restorative rehabilitative sentence or sentence that emphasize those factors when there is some admission of responsibility and apology. But there is none of that here…” Mr. Sark received a two and a half year concurrent sentence;" [20] | |
| R v David, 2002 ABCA 129 (CanLII), par Russell J | AB |
CA | "the indigenous offender committed a major sexual assault on the victim. While intoxicated, he entered the room where she was sleeping, removed her clothing and physically controlled her while he forced sexual intercourse upon her. He pleaded guilty and the trial judge found that he was remorseful. No Gladue evidence was presented, and the judgment reveals little about the offender’s circumstances, other than a history of alcohol dependency. Upon balancing the mitigating and aggravating factors in the case, the Court of Appeal followed Sandercock and sentenced the offender to three years in prison: David at paras 3, 12, 15-24." [21] Trouver des résumés de cas. | |
| R v Kinde, 2002 BCCA 233 (CanLII), par Southin JA | BC |
CA | 7 ans d'emprisonnement | forced sexual intercourse with victim on 4 occasions; bodily harm Trouver des résumés de cas. |
| R v Tony, 2002 SKQB 226 (CanLII), 220 Sask R 135, par Wilkinson J |
SK |
QB | 18 months CSO | "[t]he Crown appealed a nine-month CSO. The offender drove the complainant home after they both attended a party and had been drinking. The complainant fell asleep in the car. She awoke to the offender penetrating her with his penis when they were outside her home. She told him to stop, and he did. The offender was Indigenous, struggled with alcohol addiction, had an unrelated criminal record, was found guilty after trial, and maintained that the sexual intercourse was consensual at sentencing. Justice Wilkinson allowed the appeal and varied the sentence by imposing an 18-month CSO with strict conditions." Trouver des résumés de cas. |
| R v Noiles, 2002 NSSC 112 (CanLII), par Wright J | NS |
SC | 8 ans d'emprisonnement | The offender was convicted of break & enter and sexual assault. He broke into the house of an elderly 74 year old female. He woke her up when he got on top of her and held her down. He was 35 years old and had a prior record with 6 break & enter, 3 sexual assaults including two of which were against elderly women. Trouver des résumés de cas. |
| R v GAL, 2001 NSCA 29 (CanLII), par Hallett JA | NS |
CA | 2 ans d'emprisonnement | Trouver des résumés de cas. |
| R v S(JS), 2001 MBCA 144 (CanLII), par Twaddle JA (2:1) | MB |
CA | 30 mois d'emprisonnement | Trouver des résumés de cas. |
| R v Nelson, 2001 BCCA 430 (CanLII), par Ryan JA | BC |
CA | 2 years less a day CSO | "the offender watched a movie at the complainant’s apartment. The offender hugged and kissed the complainant, who asked him to stop because she did not want to display signs of affection in front of her five-year-old child. The offender asked if they could have sex. The complainant said no. The offender pinned the complainant to her bed, removed her clothing, and forced sexual intercourse. The offender was 30 years old, had no criminal record, and was a single father of two children." [22] Trouver des résumés de cas. |
| R v Boucher, 2001 BCSC 1570 (CanLII), par Meiklem J | BC |
SC | "the Crown appealed a sentence of three days imprisonment and probation for a 50-year-old aboriginal man who lived in a small community and sexually touched an 18-year-old girl as he was driving her home after a party. He was intoxicated, had no criminal record and lost an election for band chief as a result of the news of his offending. Justice Meiklem dismissed the appeal, finding that Mr. Boucher's fall from grace in the community was a serious punishment." Trouver des résumés de cas. | |
| R v R(LE), , 2000 CarswellNB 405(*pas de liens CanLII) | NB |
20 months CSO | "the offender grabbed the complainant while she was walking home, put her in his car, ripped her shirt off, and drove her to a graveyard where he forced non-consensual vaginal intercourse. The complainant sustained bruises and a cut. The offender was 32 years old, pleaded guilty, and was in the process of divorcing the complainant at the time." [23] Trouver des résumés de cas. | |