133 résultat(s)
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1.
Levesque J.R. (Maître de 1re Classe), R. c. - 2023 CM 2001 - 2023-01-12
Cour martiale - Sentence - Disponible [ Anglais ]As 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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2.
MacPherson J.J. (Adjudant-maître), R. c. - 2021 CM 2014 - 2021-09-08
Cour martiale - Décision - Disponible [ Anglais ](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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3.
Levesque J.R. (Maître de 1re Classe), R. c. - 2022 CM 2007 - 2022-03-17
Cour martiale - Décision - Disponible [ Anglais ]The 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.
Remington L.R. (Aspirant de marine), R. c. - 2022 CM 5006 - 2022-04-22
Cour martiale - Sentence - Disponible [ Anglais ]The 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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5.
McGregor C.R. (Caporal), R. c. - 2019 CM 4016 - 2019-10-03
Cour martiale - Sentence - Disponible [ Anglais ]The sexual assault offence [8] Consistent with the findings the Court has made, I consider that the offence of sexual assault was committed on an occasion when Corporal McGregor was visiting C.R. at her home one evening in 2011. [...] The 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.
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6.
Cadieux S. (Caporal), R. c. - 2019 CM 2019 - 2019-08-09
Cour martiale - Sentence - Disponible [ Anglais ][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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7.
Tait C.A. (Sergent), R. c. - 2021 CM 2013 - 2021-07-13
Cour martiale - Verdict - Disponible [ Anglais ][. . .] (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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8.
Gobin R.J. (Caporal), R. c. - 2018 CM 2007 - 2018-02-05
Cour martiale - Verdict - Disponible [ Anglais ][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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9.
Luis M. (Soldat), R. c. - 2022 CM 4016 - 2022-11-10
Cour martiale - Sentence - Disponible [ Anglais ]The 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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10.
W. (T.S.) (Caporal-chef), R. c. - 2018 CM 2004 - 2018-01-26
Cour martiale - Sentence - Disponible [ Anglais ]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. [...] Accused was convicted of sexual interference and sexual assault. Sexual assault conviction was stayed and accused sentenced to three and a half years' imprisonment, less credit of 11 months' for time served.
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11.
Remington L.R. (Aspirant de marine), R. c. - 2021 CM 5025 - 2021-09-08
Cour martiale - Verdict - Disponible [ Anglais ]Sexual 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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12.
August J. (Soldat), R. c. - 2018 CM 3013 - 2018-08-17
Cour martiale - Non prima facie - Disponible [ Anglais ][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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13.
Turner V.N.E. (Adjudant), R. c. - 2022 CM 4002 - 2022-01-28
Cour martiale - Sentence - Disponible [ Anglais ]The maximum punishment for sexual assault is ten-year’s imprisonment with no minimum. [...] [36] 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. [...] [44] Counsel also offered a number of civilian precedents showing sentences for sexual assault.
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14.
Vu D.T. (Soldat), R. c. - 2021 CM 4012 - 2021-11-05
Cour martiale - Verdict - Disponible [ Anglais ]The first charge alleges sexual assault contrary to section 271 of the Criminal Code. [...] S.B. testified that she had very little memory of the party and no memory at all of the contact of a sexual nature that followed, the alleged sexual assault. [...] [17] The question of consent is relevant to all forms of assault, including sexual assaults.
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15.
J.L. (Soldat), R. c. - 2021 CM 2019 - 2021-09-17
Cour martiale - Verdict - Disponible [ Anglais ]Particulars: In that he, on or about 9 May 2019, at or near Aldershot, Nova Scotia, did commit a sexual assault on A.L. [...] [ . . .] (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. [...] [15] Sexual assault is found at section 271 of the Criminal Code: 271 Everyone who commits a sexual assault is guilty of
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16.
Cooper D.T. (Matelot-chef), R. c. - 2018 CM 2014 - 2018-03-12
Cour martiale - Sentence - Disponible [ Anglais ][15] The Alberta Court of Appeal in R. v. Arcand, 2010 ABCA 363 defined a major sexual assault at paragraph 171 as follows: [...] 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. [...] [16] Sexual assault is a very serious offence and based on the definition in Arcand, the incident before this court martial is considered a major sexual assault.
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17.
Cooper D.T. (Matelot-chef), R. c. - 2018 CM 2013 - 2018-03-12
Cour martiale - Verdict - Disponible [ Anglais ][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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18.
August J. (Soldat), R. c. - 2021 CM 3006 - 2021-04-30
Cour martiale - Verdict - Disponible [ Anglais ]One of the military police members informed him that he was being arrested for an offence of sexual assault. [...] Sexual assault charges [128] Private August is charged with two offences referring to the offence of sexual assault. [...] [131] The actus reus of the offence of sexual assault is unwanted sexual touching and is established by the proof of three elements: touching; the sexual nature of the contact; and, the absence of consent.
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19.
Jackson D.T. (Caporal-chef), R. c. - 2017 CM 3001 - 2017-01-04
Cour martiale - Verdict - Disponible [ Anglais ][41] In R. v. Chase, [1987] 2 S.C.R. 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. [...] [48] The prosecution also had to prove the following additional elements about the offence of sexual assault:
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20.
Palmer J.E. (Caporal), R. c. - 2021 CM 3013 - 2021-12-10
Cour martiale - Verdict - Disponible [ Anglais ]The essential elements of the offence of sexual assault [94] Corporal Palmer is charged with three charges referring to the offence of sexual assault. [...] [95] The offence of sexual assault is an assault within the meaning of subsection 265(1) of the Criminal Code which is committed in circumstances of a sexual nature, such as the sexual integrity of the victim is violated (see R. v. Chase, [1987] 2 S.C.R. 293 at paragraph 11). [...] [97] The actus reus of assault is unwanted sexual touching and is established by the proof of three elements: the touching; the sexual nature of the contact; and, the absence of consent.
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21.
O’Dell S.H. (Caporal), R. c. - 2023 CM 5004 - 2023-04-26
Cour martiale - Sentence - Disponible [ Anglais ]After deliberation, the panel found Cpl O’Dell guilty of the charge of sexual assault. [...] (c) the sexual assault occurred during an exercise. Sexual misconduct incidents occurring in the context when soldiers live, eat, serve and sleep in close quarters inevitably impact trust and unit cohesion. [...] Finally, the low gravity of the sexual assault cannot serve to be the only factor to determine whether the remedy should be imposed.
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22.
Sutherland W.C. (Caporal-chef), R. c. - 2023 CM 5001 - 2023-02-28
Cour martiale - Sentence - Disponible [ Anglais ]V.S. showed a lot of courage in coming forward to report the conduct and to provide a testimony describing the sexual assault. [...] It is apparent that the sexual assault had a lasting effect on them; (b) the sexual assault occurred during a deployment. [...] It does not address the specific impact the sexual assault committed by MCpl Sutherland had on the deployment of HMCS Fredericton.
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23.
Tait C.A. (Sergent), R. c. - 2021 CM 2009 - 2021-05-06
Cour martiale - Décision - Disponible [ Anglais ]If the accused is convicted of sexual assault, he may be sentenced to imprisonment. [...] (b) society’s interest in encouraging the reporting of sexual assault offences; [...] (b) society’s interest in encouraging the reporting of sexual assault offences;
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24.
Cadieux S. (Caporal), R. c. - 2019 CM 2011 - 2019-08-09
Cour martiale - Verdict - Disponible [ Anglais ]The elements of sexual assault [69] In the case of R. v. Ewanchuk, [1999] 1 S.C.R. 330, the Supreme Court of Canada (SCC) set out the elements the prosecution must prove in a sexual assault prosecution. [...] As R. v. A(J.) confirmed, ‘the definition of consent for sexual assault requires the complainant to provide actual active consent throughout every phase of sexual activity. [...] Touching of a sexual nature that occurs in the absence of consent is sexual assault.
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25.
Palmer J.E. (Caporal), R. c. - 2021 CM 5004 - 2021-03-19
Cour martiale - Décision - Disponible [ Anglais ]The first charge alleges that the sexual assault took place on or between 1 and 30 November 2018 at Ottawa, Ontario, while the other two charges allege that a sexual assault was committed respectively on or between 21 December 2018 and on or between 25 June 2019 at Ottawa, Ontario. [...] He seeks the date, the approximate time and a more specific location of the alleged sexual assault. [...] Indeed, the date of the offence is not generally an essential element of the offence of sexual assault.