R. v. England

Parties

Procedural Posture

Criminal Sexual Assault, Break and Enter, Uttering Threats / Sentencing

Legal Issues

1. 1 Appropriate sentence for break and enter with sexual assault involving penetration in occupied dwelling
2. 2 Application of aggravating and mitigating factors including intimate partner status and victim impact
3. 3 Treatment of intoxication defence after R. v. Brown

Ratio Decidendi

The offence was a home invasion sexual assault involving penile and digital penetration of a former intimate partner in an occupied dwelling with violence, significant victim harm, and prior violent convictions; applicable sentencing range for this factual scenario is five to ten years; balancing aggravating factors (occupied dwelling, use of violence and threats, intimate partner, severe victim impact, prior violence) against mitigating factors (sobriety efforts, gaps in record, counselling, bail compliance) yields a custodial sentence of seven years on Count 2 and six months concurrent on Count 3; 95 days pre-sentence custody credited, resulting net overall sentence of six years, eight...

Court Disposition

Accused convicted following trial and sentenced

Orders

• Count 2: seven years imprisonment for break and enter and commit sexual assault (s.348(1)(b)); Count 3: six months imprisonment for uttering threats, to be served concurrently
• Credit of 95 days pre-sentence custody applied to global sentence (s.719(3.1)), yielding net sentence of six years, eight months and 25 days