SELECTED CASE LAW
In 2014 SKCA 88, Mr. S, a 55-year-old man, appealed his sentence from sexual assault.
Mr. S pleaded guilty to sexual assault at trial. His phone had been seized by the police during a separate investigation related to drugs and they located a deleted video on his phone. There was a video of Mr. S touching a sleeping 20-year-old woman’s breasts, undoing her pants, moving her underwear to film her crotch, and touching her thigh. The woman was not aware she had been assaulted by Mr. S but knew Mr. S was in her home and had caught him filming her with his phone. The fact that he filmed the assault in the woman’s home while she was asleep was noted in sentencing Mr. S.
He was sentenced to 30 months in jail. Additional orders included a 10 year firearm ban, a DNA order, and a lifetime registration as a sex offender.
On appeal, his sentence remained the same, but the credit for the time he spent in remand was increased by three and a half months.
Also see: 2014 SKPC 31 (Sentencing).
Criminal Offence(s): Sexual Assault