SENTENCING - Sexual assault - Robbery and extortion - Consecutive sentences - Totality principle

Law360 Canada ( August 28, 2026, 9:39 AM EDT) -- Appeal by Crown from sentence imposed following respondent’s convictions for rape and robbery arising from a violent attack committed in 1981. The respondent was identified decades later through DNA evidence obtained from the victim’s clothing and, by the time of sentencing, was 71 years old. The sentencing judge imposed a sentence of three years’ imprisonment for rape and a consecutive sentence of six months for robbery. The Crown argued that the sentences were demonstrably unfit, failed to reflect the gravity of the offences and the respondent’s moral blameworthiness, inadequately emphasized denunciation and deterrence, and were unsupported by sufficient reasons. The respondent submitted that the sentencing judge was presumed to know the law, had considered the parties’ submissions despite delivering brief oral reasons, and had properly balanced his low risk of reoffending, largely prosocial life, family support, and personal circumstances against the seriousness of the offences....
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