R. v. Duncan (R.), (1998) 57 O.T.C. 236 (GD)

• Judge: Meehan, J.
• Court: Ontario Court of Justice General Division (Canada)
• Case Date: March 05, 1998
• Jurisdiction: Ontario
• Citations: (1998), 57 O.T.C. 236 (GD)

R. v. Duncan (R.) (1998), 57 O.T.C. 236 (GD)

MLB headnote and full text

Temp. Cite: [1998] O.T.C. TBEd. MR.135

Her Majesty The Queen v. Robert Duncan

(No. 90/97)

Indexed As: R. v. Duncan (R.)

Ontario Court of Justice

General Division

Meehan, J.

March 5, 1998.

Summary:

The 43 year old accused was convicted of sexually assaulting a friend of his common law wife. Both he and the complainant had too much to drink when she thought he would take her home in safety. Instead, he took her to his place of employment and assaulted her.

The Ontario Court (General Division) sentenced the accused to two years less a day. The court stated that sexual assault required no specific intent and, therefore, drunkenness was not a defence and was not a mitigating factor in imposing sentence.

Criminal Law - Topic 5848.10

Sentencing - Considerations on imposing sentence - Sexual offences - See paragraphs 1 to 20.

Criminal Law - Topic 5932

Sentence - Sexual assault - See paragraphs 1 to 20.

Cases Noticed:

R. v. Glassford (1988), 27 O.A.C. 194; 42 C.C.C.(3d) 259 (C.A.), refd to. [para. 14].

R. v. Welch (J.) (1995), 86 O.A.C. 200; 101 C.C.C.(3d) 216 (C.A.), refd to. [para. 14].

Counsel:

J. Luczak, for the Crown;

A. Toffoli, for the accused.

This case was heard before Meehan, J., of the Ontario Court (General Division), who delivered the following judgment orally on March 5, 1998.