R. v. Schank

R. v. Schank

Conviction for sexual assault by non‑consensual penetrative intercourse of a sleeping, vulnerable complainant with prior refusals established high moral blameworthiness and gravity; mitigating factors (first offence, community ties) insufficient to outweigh aggravation and victim harm; a 30‑month custodial term is...

Source-derived case information.

Citation
2023 BCSC 2216
Parties
Crown: Rex; Accused: Troy Stanley George Schank; Victim: A.G.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
1 November 2023
Procedural Posture
Criminal Sexual Assault / Sentencing
Outcome
Accused sentenced to 30 months imprisonment for sexual assault; ancillary orders imposed.
Legal Topics
Sexual Assault, Consent, Victim Impact Statements, Sentencing Principles, Ancillary Orders, DNA Orders, Firearms Prohibition, Sex Offender Registration
Source Language
english
Criminal Law Sexual Offences Sentencing Sexual Assault Consent Victim Impact Statements Sentencing Principles Ancillary Orders +3 more

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Summary, issues, holding and outcome

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Parties

Rex

Crown

Troy Stanley George Schank

Accused

A.G.

Victim

Procedural Posture

Criminal Sexual Assault / Sentencing

Legal Issues

  1. 1 Whether sexual activity occurred with consent
  2. 2 Whether the defence of honest but mistaken belief in consent had an air of reality
  3. 3 Appropriate and proportionate sentence within established ranges

Ratio Decidendi

Conviction for sexual assault by non‑consensual penetrative intercourse of a sleeping, vulnerable complainant with prior refusals established high moral blameworthiness and gravity; mitigating factors (first offence, community ties) insufficient to outweigh aggravation and victim harm; a 30‑month custodial term is proportionate, with specified ancillary orders.

Court Disposition

Accused sentenced to 30 months imprisonment for sexual assault; ancillary orders imposed.

Orders

  • Custody: 30 months imprisonment for sexual assault.
  • DNA order pursuant to s.487.051(1) authorizing forensic DNA sampling.