R. v. Francis

Parties

Procedural Posture

Criminal / Sentencing After Conviction

Legal Issues

1. 1 What facts from the jury verdict must be accepted or independently found for sentencing under s.724 of the Criminal Code
2. 2 Appropriate individual and global sentence for sexual assault causing bodily harm, assault causing bodily harm, and unlawful confinement
3. 3 Whether sentences should be concurrent or consecutive

Ratio Decidendi

The judge accepted the jury's essential findings and, on independent fact‑finding where necessary, concluded the offences involved forcible sexual penetration causing bodily harm, repeated choking and significant injuries to a vulnerable complainant; applying s.718 objectives, sentencing case law ranges, and principles on concurrency and totality, the court imposed individual sentences of 4.5 years (sexual assault causing bodily harm) and 2.5 years (assault causing bodily harm) to be served concurrently, and 18 months (unlawful confinement) consecutive, for a global sentence of six years before credit, awarded enhanced pre‑trial custody credit of 81 days, and ordered ancillary measures...

Court Disposition

Accused convicted and sentenced to imprisonment with ancillary orders; individual sentences aggregated to a global six year sentence before credit; enhanced credit applied resulting in remaining custodial term of five years, nine months and nine days.

Orders

• Count 1 unlawful confinement: 18 months' imprisonment (to be served consecutive)
• Count 2 sexual assault causing bodily harm: 4.5 years' imprisonment (to be served concurrent with count 3)