R v. Buxton

R v. Buxton

Given the aggravating circumstances—the complainant was unconscious and highly intoxicated, was confined and threatened, the use of violence including attempted suffocation, prior sexual assault conviction, multiple bail breaches including drinking while on conditions, and expert opinion of high risk of reoffending especially when drinking—the paramount sentencing objectives of denunciation, deterrence and public protection required a significant custodial sentence; accordingly the appropriate sentence for the sexual assault was four years, with the other counts concurrent, seven months credit for time served resulting in an effective custody of three years and five months, and ancillary...

Citation
2018 BCSC 1994
Parties
Crown: Regina; Accused: Matthew Allan Buxton
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
8 November 2018
Procedural Posture
Criminal Sexual Assault and Related Offences / Sentencing After Jury Conviction
Outcome
Convicted and sentenced: four years' imprisonment for sexual assault; assault and threatening sentences concurrent; effective custody after credit is three years and five months; ancillary statutory orders imposed.
Legal Topics
Sexual Assault, Sentencing Principles, Aggravating and Mitigating Factors, Dangerousness and Risk, Ancillary Orders, Bail Breaches
Source Language
English
Criminal Law Sentencing Sexual Offences Procedural Law Sexual Assault Sentencing Principles Aggravating and Mitigating Factors Dangerousness and Risk +2 more

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Parties

Regina

Crown

Matthew Allan Buxton

Accused

Procedural Posture

Criminal Sexual Assault and Related Offences / Sentencing After Jury Conviction

Legal Issues

  1. 1 Appropriate quantum of sentence for sexual assault involving intercourse with an unconscious complainant
  2. 2 Whether offences form a single continuous event or should be parsed
  3. 3 Application of sentencing principles (denunciation, deterrence, protection, rehabilitation)

Ratio Decidendi

Given the aggravating circumstances—the complainant was unconscious and highly intoxicated, was confined and threatened, the use of violence including attempted suffocation, prior sexual assault conviction, multiple bail breaches including drinking while on conditions, and expert opinion of high risk of reoffending especially when drinking—the paramount sentencing objectives of denunciation, deterrence and public protection required a significant custodial sentence; accordingly the appropriate sentence for the sexual assault was four years, with the other counts concurrent, seven months credit for time served resulting in an effective custody of three years and five months, and ancillary...

Court Disposition

Convicted and sentenced: four years' imprisonment for sexual assault; assault and threatening sentences concurrent; effective custody after credit is three years and five months; ancillary statutory orders imposed.

Orders

  • Sentence of four years' imprisonment for sexual assault (count 1)
  • Sentence of one year for assault (count 2) to run concurrent with the four year sentence