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

• Judge: Dawson, J.
• Court: Court of Queen's Bench of Saskatchewan (Canada)
• Case Date: May 28, 2015
• Jurisdiction: Saskatchewan
• Citations: 2015 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.