SELECTED CASE LAW
In 2009 SKCA 63, Mr. C appealed his conviction and sentence of sexual assault.
Mr. C argued that he shouldn’t have been cross examined on his criminal record, that he should have been allowed to bring forward more witnesses, and that the sentence was too harsh. The conviction was upheld, but the sentence was adjusted.
At trial, Mr. C was sentenced to nine months in jail, a 10 year firearms prohibition, a DNA order, and 10 year registration as a sex offender.
An 18-year-old woman had placed an ad to sell her car and Mr. C contacted her to test drive the car. While test driving the car Mr. C hit the brakes hard twice in order to put his arm across the woman’s chest. After exiting the car, he claimed he left his cell phone in the car and reached in and squeezed her breasts. She testified that that the assault had an impact on her ability to trust strangers.
His conviction was upheld but the sentence was changed from nine months in jail to nine months served in the community to come in line with other cases on the low end of the spectrum of sexual assaults that involve sexual touching for a short period of time.
Criminal Offence(s): Sexual Assault