Client was charged with assault and sexual assault and violating probation conditions. Realistic risk upon conviction would be two to three years in jail. Client met the complainant at a bar, and within one week he was residing with her. After one month, the complainant alleged that the client had become very controlling and would demand sex from her all day long. She told him numerous times to stop and tried to push him away, but he would not listen. Complainant stated she felt trapped in her own house. On last day of relationship, client and complainant had an argument in front of family members. Client became physical and police were called.
At trial, the Crown withdrew the sexual assault allegation and guilty pleas were entered to assault, breach by drinking, and the other offence of mischief for interfering with the lawful enjoyment of property.
Held: A sentence of 5 months was imposed.