R. v. A.J., 2015 SKQB 156

JudgeDawson, J.
CourtCourt of Queen's Bench of Saskatchewan (Canada)
Case DateMay 28, 2015
JurisdictionSaskatchewan
Citations2015 SKQB 156;(2015), 475 Sask.R. 247 (QB)

R. v. A.J. (2015), 475 Sask.R. 247 (QB)

MLB headnote and full text

Temp. Cite: [2015] Sask.R. TBEd. JN.026

Her Majesty the Queen v. A.J.(accused)

(2014 CRIM No. 28; 2015 SKQB 156)

Indexed As: R. v. A.J.

Saskatchewan Court of Queen's Bench

Judicial Centre of Regina

Dawson, J.

May 28, 2015.

Summary:

The accused (47 years old; First Nations male) pled guilty to sexual assault (Criminal Code, s. 271). While the victim was asleep, the accused pulled her pants to halfway down and grabbed her buttocks. The Crown sought a sentence of three years' imprisonment.

The Saskatchewan Court of Queen's Bench sentenced the accused to 27 months' imprisonment, less credit for seven months spent in pre-trial custody.

Editor's Note: Certain names in the following case have been initialized or the case otherwise edited to prevent the disclosure of identities where required by law, publication ban, Maritime Law Book's editorial policy or otherwise.

Criminal Law - Topic 5830.4

Sentencing - Considerations on imposing sentence - Guilty plea - [See Criminal Law - Topic 5932 ].

Criminal Law - Topic 5834.10

Sentencing - Considerations on imposing sentence - Mental state (incl. effects of alcohol or drugs) - [See Criminal Law - Topic 5932 ].

Criminal Law - Topic 5846.1

Sentencing - Considerations on imposing sentence - Aboriginal offenders - [See Criminal Law - Topic 5932 ].

Criminal Law - Topic 5932

Sentence - Sexual assault - The accused (47 years old; First Nations male) pled guilty to sexual assault (Criminal Code, s. 271) - While the victim was asleep, the accused pulled her pants halfway down and grabbed her buttocks - When the victim attempted to leave the property, the accused got into a pushing match with her - He was so intoxicated at the time of the offence that he did not realize he had been stabbed in the back by the victim - Extensive criminal record - No previous convictions for sexual assault - Serious alcohol addiction - Experienced almost all of the systemic and background factors relevant to Aboriginal offenders - The accused requested a sentence in the range of 12 to 18 months' incarceration, less credit for time spent on remand - The Crown sought a sentence of three years' imprisonment - The Saskatchewan Court of Queen's Bench sentenced the accused to 27 months' imprisonment, less credit for seven months spent in pre-trial custody - See paragraphs 47 to 66.

Counsel:

Colton D. Fehr, for the Crown;

Carson D. Demmans, for the accused.

This sentencing matter was heard before Dawson, J., of the Saskatchewan Court of Queen's Bench, Judicial Centre of Regina, who delivered the following judgment and reasons, dated May 28, 2015.

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2 practice notes
  • Digest: R v Lemaigre, 2018 SKCA 47
    • Canada
    • Saskatchewan Law Society Case Digests
    • April 18, 2018
    ...SCC 13, [2012] 1 SCR 433 R v Iron, 2005 SKCA 84, 269 Sask R 51 R v Jackson, [1994] 3 WWR 125, 116 Sask R 146, 87 CCC (3d) 56 R v Johnson, 2015 SKQB 156, 475 Sask R 247 R v Lacasse, 2015 SCC 64, [2015] 3 SCR 1089 R v L.V., 2016 SKCA 74, 480 Sask R 181 R v M.J.H., 2004 SKCA 171, 257 Sask R 1 ......
  • R. v. SYLVESTER ALLAN HENRY BIRD, 2021 SKQB 36
    • Canada
    • Court of Queen's Bench of Saskatchewan (Canada)
    • February 4, 2021
    ...Another case, not cited by either counsel, is the judgment of Dawson J. in R v Johnson, 2015 SKQB 156, 475 Sask R 247 [Johnson]. In Johnson, the complainant was sleeping on a couch when she was awakened by the offender trying to pull her pants down. He managed to pull them down partway afte......
1 cases
  • R. v. SYLVESTER ALLAN HENRY BIRD, 2021 SKQB 36
    • Canada
    • Court of Queen's Bench of Saskatchewan (Canada)
    • February 4, 2021
    ...Another case, not cited by either counsel, is the judgment of Dawson J. in R v Johnson, 2015 SKQB 156, 475 Sask R 247 [Johnson]. In Johnson, the complainant was sleeping on a couch when she was awakened by the offender trying to pull her pants down. He managed to pull them down partway afte......
1 books & journal articles
  • Digest: R v Lemaigre, 2018 SKCA 47
    • Canada
    • Saskatchewan Law Society Case Digests
    • April 18, 2018
    ...SCC 13, [2012] 1 SCR 433 R v Iron, 2005 SKCA 84, 269 Sask R 51 R v Jackson, [1994] 3 WWR 125, 116 Sask R 146, 87 CCC (3d) 56 R v Johnson, 2015 SKQB 156, 475 Sask R 247 R v Lacasse, 2015 SCC 64, [2015] 3 SCR 1089 R v L.V., 2016 SKCA 74, 480 Sask R 181 R v M.J.H., 2004 SKCA 171, 257 Sask R 1 ......

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