Law360 Canada (May 3, 2024, 12:14 PM EDT) -- Appeal by Crown from conditional sentence of two years imposed on SW, who was found guilty of sexual assault and from trial judge’s failure to impose Sex Offender Information Registration Act (SOIRA) order. SW and the complainant lived together and were in an intimate relationship. One night, SW sexually assaulted the complainant four times while she was in bed, pretending to be asleep. Each time, SW penetrated her without using a condom. The complainant did not consent to the intercourse. In his reasons, the trial judge listed six aggravating factors and eleven mitigating factors. He concluded that this was an appropriate case for a conditional sentence because he found that there were exceptional circumstances mitigating against the imposition of a sentence behind bars. However, he did not identify those exceptional circumstances. He did not issue a SOIRA order because in his view, SW did not fall within the category of repeat offenders or for convictions of serious child sexual offences. The Crown appealed, seeking a three-year penitentiary sentence and for the imposition a SOIRA order. It argued that the sentence was manifestly unfit given the gravity of the offence, and that this was not an appropriate case for a conditional sentence....