Law360 Canada ( October 13, 2021, 6:18 AM EDT) -- Appeal by the accused, Algiak, from a conviction and sentence for sexual assault. The complainant testified that she spent a day drinking with her cousin while housesitting for a friend. She acknowledged that she became heavily intoxicated with periods of blackouts. The complainant testified that the accused entered the home after her cousin left. The accused was not invited and was intoxicated. Upon learning that nobody else was home, the accused forced himself upon the complainant, groped and penetrated her using his hands, and began to undress her. The complainant fought the accused off and he left. The complainant obtained medical treatment and reported the matter to police. The accused was convicted. The Crown proposed a sentence of ten months’ imprisonment plus three years’ probation. The sentencing judge gave notice that the recommended sentence was unfit given the accused’s two prior related convictions and the prevalence of sexual violence in the area. Following an adjournment, the Crown maintained its position. The judge imposed the maximum summary conviction sentence of 18 months’ imprisonment plus 18 months’ probation. The accused appealed the conviction and sentence....