R. v. G.D.L.

R. v. G.D.L.

The accused's conduct amounted to non-consensual sexual assault aggravated by choking in the context of a domestic relationship; the accused's asserted honest but legally mistaken belief about consent was rejected as a defence under R. v. Barton; balancing denunciation and deterrence with rehabilitation and...

Source-derived case information.

Citation
2022 BCSC 940
Parties
Crown: Regina; Accused: G. D. L.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
25 March 2022
Procedural Posture
Criminal Sexual Assault / Sentencing
Outcome
Accused convicted of sexual assault; sentenced to one year custody followed by two years probation; ancillary orders made including DNA sampling, 20-year sex offender registration and 10-year weapons prohibition.
Legal Topics
Sexual Assault, Sentencing, Consent, Mistake of Law (barton), Probation, Sex Offender Registration, DNA Orders, Weapons Prohibition
Source Language
english
Criminal Law Sexual Assault Sentencing Consent Mistake of Law (barton) Probation Sex Offender Registration DNA Orders +1 more

Source-derived case record

Summary, issues, holding and outcome

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Parties

Regina

Crown

G. D. L.

Accused

Procedural Posture

Criminal Sexual Assault / Sentencing

Legal Issues

  1. 1 Whether consent was voluntarily given or vitiated by force and fear
  2. 2 Whether the accused's honest but mistaken belief about consent is a defence after R. v. Barton
  3. 3 Appropriate sentence given aggravating and mitigating factors and appellate guidance (G.M., J.S.S.)

Ratio Decidendi

The accused's conduct amounted to non-consensual sexual assault aggravated by choking in the context of a domestic relationship; the accused's asserted honest but legally mistaken belief about consent was rejected as a defence under R. v. Barton; balancing denunciation and deterrence with rehabilitation and mitigating factors (first offender, employment, remorse, child relationship) justified a custodial sentence below the typical G.M. range: one year custody followed by two years probation with stringent conditions, plus DNA, long-term sex offender registration and weapons prohibition.

Court Disposition

Accused convicted of sexual assault; sentenced to one year custody followed by two years probation; ancillary orders made including DNA sampling, 20-year sex offender registration and 10-year weapons prohibition.

Orders

  • Custodial sentence of one year in custody.
  • Recommend classification to Ford Mountain Correctional Centre for access to sex-offender programs.