315 result(s)
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1.
Royes D.D. (Master Corporal), R. v. - 2013 CM 4034 - 2013-12-14
Courts Martial - Sentence - AvailableIt cannot be forgotten that a sexual assault is very different from other assaults. [...] We are satisfied that assessing whether a sexual assault is a major sexual assault is well within the capacity of sentencing judges. [...] [29] Sexual assaults involving sexual intercourse must be denounced.
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2.
Levesque J.R. (Petty Officer 1st Class), R. v. - 2023 CM 2001 - 2023-01-12
Courts Martial - Sentence - AvailableAs the assault was separate in time from the sexual assault, the judge imposed consecutive sentences with the jail portion of the sentence of: thirty days on the assault; and ninety days on the sexual assault. [...] A sexual assault is a major sexual assault where the sexual assault is of a nature or character such that a reasonable person could foresee that it is likely to cause serious psychological or emotional harm, whether or not physical injury occurs. [...] (b) degree of force in the assaults and sexual assault. With respect to each of the assaults, there was force used.
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3.
Levesque J.R. (Petty Officer 1st Class), R. v. - 2022 CM 2007 - 2022-03-17
Courts Martial - Decision as Directed by the Judge - AvailableThe first charge alleges sexual assault, the second charge alleges assault and the third charge alleges uttering a threat to cause bodily harm, all against the same complainant. [...] [24] Later at paragraph 514, Fish J. addresses the offence of sexual assault directly: [...] And she argued that if the CAF were to retain jurisdiction over sexual assaults, the NDA should be amended to track changes in the Criminal Code regarding sexual offences.
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4.
MacPherson J.J. (Master Warrant Officer), R. v. - 2021 CM 2014 - 2021-09-08
Courts Martial - Decision as Directed by the Judge - Available(c) sexual assault; (d)sexual assault committed with a weapon or with threats to a third party or causing bodily harm; [...] (e) aggravated sexual assault; or (f) an offence under sections 280 to 283 of the Criminal Code. [...] I note that the new provisions do not alter the elements of the offence of sexual assault.
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5.
Remington L.R. (Naval Cadet), R. v. - 2022 CM 5006 - 2022-04-22
Courts Martial - Sentence - AvailableThe victim stayed in their room for one month after the sexual assault. [...] A sexual assault is a serious offence. Everyone who commits a sexual assault is liable to imprisonment for a term of not more than ten years. [...] As explained earlier in the context of the harm caused to the victim, the sexual assault of the case at bar constitutes a major sexual assault.
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6.
Tait C.A. (Sergeant), R. v. - 2021 CM 2013 - 2021-07-13
Courts Martial - Finding - Available[. . .] (2) This section applies to all forms of assault, including sexual assault, sexual assault with a weapon, threats to a third party or causing bodily harm and aggravated sexual assault. [...] [11] Sexual assault is found at section 271 of the Criminal Code: 271 Everyone who commits a sexual assault is guilty of [...] “Q. [S]o you mentioned earlier that you had suggested it was sexual assault.
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7.
LeBlanc T. (Corporal), R. v. - 2010 CM 4002 - 2010-01-08
Courts Martial - Sentence - AvailableThe sexual assault took place in the context of consensual sexual activity that then led to non‑consensual sexual activity. [...] .... It cannot be forgotten that a sexual assault is very different from other assaults. [...] [35] Sexual assaults involving sexual intercourse must be denounced.
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8.
McGregor C.R. (Corporal), R. v. - 2019 CM 4016 - 2019-10-03
Courts Martial - Sentence - AvailableThe need for denunciation is illustrated by the sexual assault and sexual misconduct characterizing the offences in this case. [...] The Court found that two years’ imprisonment was a fit sentence on the sexual assault count. [...] (b) The fact that C.R. was unconscious when she was sexually assaulted.
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9.
Doling A.G. (Private), R. v. - 2005 CM 14 - 2005-07-18
Courts Martial - Finding - AvailablePage 15 of 19 mischief for false sexual assault allegations effectively on the 16th of March 2004. [...] [34] In relation to charge number one, the court does accept that the prosecution has made out the actus reus; that is, that Private Doling did report a sexual assault occurred to Corporal Parsons and that that sexual assault had not been committed. [...] Doctor Mauri's psychological assessment is that Private Doling suffers from PTSD which she attributes to a sexual assault and by "she" I mean both Private Doling and Doctor Mauri who has been advised of the sexual assault by Private Doling.
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10.
Gobin R.J. (Corporal), R. v. - 2018 CM 2007 - 2018-02-05
Courts Martial - Finding - Available[57] The predicate of sexual assault is that of the common offence of assault. [...] In Chase, McIntyre J qualified sexual assault as follows: Sexual assault is an assault within any one of the definitions of that concept in s. 244(1) of the Criminal Code which is committed in circumstances of a sexual nature, such that the sexual integrity of the victim is violated. [...] In essence, a sexual assault occurs when a common assault is committed in sexual circumstances such that the sexual integrity of the victim is violated.
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11.
Cadieux S. (Corporal), R. v. - 2019 CM 2019 - 2019-08-09
Courts Martial - Sentence - Available[34] Without minimizing the effects of a sexual assault on any victim, the court finds that a sexual assault in a military context is much more serious than a similar sexual assault in a civilian context because of the impact this sexual assault has on the fundamental principles of cohesion, trust and respect that are [...] Based on the Arcand analysis, the sexual assaults would all fall into the category of major sexual assaults. [...] Is a discharge available for the offence of sexual assault? [121] No minimum punishment is prescribed for the offence of sexual assault.
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12.
Spriggs T.B. (Corporal), R. v. - 2019 CM 4002 - 2019-01-31
Courts Martial - A stay of proceedings - AvailableThe charge sheet, dated 27 November 2018, alleges conduct of a sexual nature on the same date as the previous charge alleging sexual assault. [...] [20] These facts clearly support the charge of sexual assault initially laid. [...] Complainants in sexual assault cases are protected as it pertains to the admissibility of evidence of previous sexual activity with the accused or with anyone else.
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13.
Rivas D. (Corporal), R. v. - 2011 CM 2012 - 2011-05-27
Courts Martial - Sentence - Available.... It cannot be forgotten that a sexual assault is very different from other assaults. [...] Sexual assault is in the vast majority of cases gender based. It is an assault upon human dignity and constitutes a denial of any concept of equality for women. [...] I find therefore that the present case is a case of a very serious sexual assault.
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14.
Luis M. (Private), R. v. - 2022 CM 4016 - 2022-11-10
Courts Martial - Sentence - AvailableThe defence argues that the circumstances of the offence here are very much those of sexual harassment, with the minor sexual assault as an accessory. [...] The challenge with the offence of sexual assault is that it encompasses a broad range of actions, from unwanted touching of a sexual nature to rape. [...] Custodial sentences, although possible given the sexual assault conviction here, are rare on the basis of the circumstances of the offence, most notably the low severity of the sexual assault perpetrated.
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15.
Weir T.A. (Private), R. v. - 2009 CM 1008 - 2009-06-19
Courts Martial - Finding - AvailableIt is well understood that sexual assault is an assault which is committed in circumstances of a sexual nature, such that the sexual integrity of the victim is violated. [...] Sexual assault does not require proof of sexuality or sexual gratification, which are merely factors. [...] [27] The actus reus of sexual assault is established by the proof of three
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16.
August J. (Private), R. v. - 2018 CM 3013 - 2018-08-17
Courts Martial - No Prima Facie - Available[14] The offence of sexual assault is enunciated at section 271 of the Criminal Code and reads in part as follows: [...] [15] In R. v. Chase, [1987] 2 S.C.R. 293, at page 302, McIntyre J. provided the definition of a sexual assault: [...] Sexual assault is an assault within any one of the definitions of that concept in s. 244(l) [now section 265(l)] of the Criminal Code, which is committed in circumstances of a sexual nature, such that the sexual integrity of the victim is violated.
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17.
Remington L.R. (Naval Cadet), R. v. - 2021 CM 5025 - 2021-09-08
Courts Martial - Finding - AvailableSexual assault evidence kit [13] The same day, the complainant, accompanied by Naval Cadet Dalpra and escorted by the MP, attended the Haut-Richelieu Hospital where she underwent a sexual assault evidence kit, #319638. [...] [73] The Criminal Code defines the term “consent” in the context of a sexual assault. [...] [134] FINDS Naval Cadet Remington guilty of one charge of sexual assault.
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18.
W. (T.S.) (Master Corporal), R. v. - 2018 CM 2004 - 2018-01-26
Courts Martial - Sentence - AvailableCharge 3: S. 130 NDA, sexual interference (s. 151 CCC). Charge 4: S. 130 NDA, sexual assault (s. 271 CCC). [...] The accused pleaded guilty to sexual assault and sexual interference. [...] The accused pled guilty to one count of sexual assault and one count of touching for a sexual purpose.
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19.
Cadieux S. (Corporal), R. v. - 2017 CM 3008 - 2017-05-12
Courts Martial - Finding - Available[42] In R. v. Chase, [1987] 2 S.C.R. 293, at page 302, McIntyre J provided the definition of a sexual assault: [...] Sexual assault is an assault within any one of the definitions of that concept in s. 244(1) [now section 265(1)] of the Criminal Code which is committed in circumstances of a sexual nature, such that the sexual integrity of the victim is violated. [...] [50] The prosecution also had to prove the following additional elements about the offence of sexual assault:
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20.
LeBlanc T. (Ex-Corporal), R. v. - 2012 CM 3005 - 2012-04-21
Courts Martial - Finding - AvailableA service offence for sexual assault was laid and preferred against the accused. [...] SEXUAL ASSAULT 271. (1) every one who commits a sexual assault is guilty of [...] Sexual assault is an assault, within any one of the definitions of that concept in s. 244(1) [now section 265(1)] of the Criminal Code, which is committed in circumstances of a sexual nature, such that the sexual integrity of the victim is violated.
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21.
Yurczyszyn D. (Major), R. v. - 2014 CM 2004 - 2014-04-10
Courts Martial - Finding - AvailableLocation: Building 588, Ordinance Road, Denwood, AB. Charges •Charge 1: S. 130 NDA, sexual assault (s. 271 CCC). [...] By concluding that sexual assault was not established because there was insufficient proof of sexual motivation, the majority in effect converted the offence of sexual assault to one of specific intent. [...] [49] Turning to the mens rea analysis, sexual assault is a crime of general intent.
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22.
Beaudry R.P. (Corporal), R. v. - 2016 CM 4011 - 2016-07-15
Courts Martial - Sentence - Available[1] Following his Standing Court Martial trial, Corporal Beaudry was found guilty of the first charge brought against him under section 130 of the National Defence Act (NDA), for having committed a sexual assault causing bodily harm, contrary to section 272 of the Criminal Code. [...] The defence has submitted no authority to me that would show how such a light sentence could be appropriate for the offence of sexual assault causing bodily harm. [...] Offences of sexual assault causing bodily harm are considered uniquely as criminal offences, that are punishable by a maximum term of imprisonment of 14 years and not hybrid offences punishable by a maximum of 10 years’ imprisonment like sexual assaults.
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23.
Lloyd-Trinque M.G.C. (Corporal), R. v. - 2015 CM 3001 - 2015-01-30
Courts Martial - Finding - Available• Charge 4 (alternate to charge 5): S. 130 NDA, sexual assault (s. 271 CCC). [...] [59] In R. v. Chase, [1987] 2 SCR 293, at page 302, Judge McIntyre provided the definition of a sexual assault: [...] Sexual assault is an assault within any one of the definitions of that concept in s. 244(1) [now section 265(1)] of the Criminal Code which is committed in circumstances of a sexual nature, such that the sexual integrity of the victim is violated.
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24.
Cooper D.T. (Master Seaman), R. v. - 2018 CM 2013 - 2018-03-12
Courts Martial - Finding - Available[55] The predicate of sexual assault is that of the common offence of assault. [...] Application of the reasonable doubt principle in sexual assault cases [...] Conclusion on the charge of sexual assault [135] In conclusion, I find that the prosecution has proven beyond a reasonable doubt all the elements of the offence of sexual assault.
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25.
Seifi S. (Private), R. v. - 2009 CM 3017 - 2009-10-09
Courts Martial - Finding - AvailableSEXUAL ASSAULT 271.(1) Every one who commits a sexual assault is guilty of [...] Sexual assault is an assault, within any one of the definitions of that concept in s. 244(1) [now section 265(1)] of the Criminal Code, which is committed in circumstances of a sexual nature, such that the sexual integrity of the victim is violated. [...] The actus reus of sexual assault is established by the proof of three elements: (i) touching; (ii) the sexual nature of the contact; and (iii) the absence of consent....