SENTENCING - Sexual assault - Particular sanctions - Imprisonment

Law360 Canada (April 12, 2023, 6:38 AM EDT) -- Appeal by the Crown from the eight-year sentence of imprisonment imposed on McKnight for multiple sexual assaults, arguing that an appropriate sentence would be 15 years. McKnight used the opportunities created by his job in a bar to provide alcohol to young women, and then invited them back to his apartment where the sexual assaults occurred. He was tried before a jury on 13 allegations of sexual assault. The jury convicted McKnight for assaults on five of the complainants, and his appeal from conviction was dismissed. The trial judge did not find much by way of aggravating or mitigating circumstances to justify significant departures from the three-year starting point. The trial judge concluded considerations of totality required a reduction of the 16.5-year total sentence to 10 years. A further reduction of one year was required because of an assault on McKnight in the Remand Centre. A further reduction of one year was called for by McKnight’s compliance with rigorous bail conditions, his excellent chances of rehabilitation, and the recognition of the individual deterrence arising from the proceedings. The net result was an eight-year sentence....
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