SELECTED CASE LAW
In 2014 CanLII 34273, Mr. O appealed his convictions of sexual assault, confinement, and assault causing bodily harm and sentence of 3 years in jail.
Mr. O and Ms. X were in a relationship for 15 years before they separated. Mr. O reacted badly when Ms. X began dating a new partner and began harassing her. Eventually she agreed to a weekend in Cape Cod together because he seemed very distressed and she cared for him. On the weekend, he was insistent on having sexual relations but Ms. X ultimately refused. When they returned to his home, Mr. O got very angry when Ms. X got a call from her new partner. When she asked to check her voicemail, he hid the phone from her. Instead she used his computer to check her emails, which he asked to read through but she refused. As she returned downstairs from the computer, he punched her in the side of the head and continued to beat her. He tied her up with rope and then tried to suffocate her with a coat. When she pushed away, he shoved his thumb into her mouth. She became afraid for her life when he said he couldn’t let her go because she would report him. When he told her he wanted to have sex, she agreed out of fear but asked for it to take place in the living room rather than the bedroom. They undressed, she gave him oral sex, and then he penetrated her. He found the sofa position uncomfortable, so he got up, and she used this opportunity to run, breaking through the patio door screen by ripping it open with her hands. She fell and he brought her back inside by force. He put her on the ground and tried to choke her again and told her he can’t let her leave. The police arrived and she ran toward them naked saying the accused wants to kill her.
The appeal of conviction was dismissed. The appeal of sentence was allowed and sentenced varied to a conditional sentence of incarceration for 45 weekends and suspension of sentence for confinement conviction. The court considered Mr. O was close to retirement and the complainant did not want Mr. O to be incarcerated. The leave to appeal the modified sentence was dismissed.
Also see: 2010 QCCQ 17561 (trial), 2010 QCCA 610 (request for extension), 2010 QCCA 893 (leave to appeal), 2010 QCCA 1562 (application for release pending appeal), 2010 QCCA 1803 (leave to appeal), 2014 CanLII 34273 (SCC) (leave to appeal).
Criminal Offence(s): Sexual Assault