Case information

Criminal law — Sentencing — Conditional sentence order — Whether consecutive sentences required when offences impact distinct legal interests — If not, test for imposing sentences for offences impacting distinct legal interests — Whether sentencing judge can impose concurrent sentences based on proportionality or totality principles — Relationship between totality principle and conditional sentencing orders — How test for conditional sentencing order to be applied by a sentencing judge.

Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.

Mr. Sewell pleaded guilty to one count of sexual assault and two counts of voyeurism involving his wife’s sister in 2007, who was living with them. He had drugged her drink, rendering her incapacitated, then sexually assaulted her and took pictures of her naked body. At other times, he took pictures of her through her bedroom window. She did not have a clear memory of the assault, but she remembered waking up to Mr. Sewell removing her shorts and underwear. The sexual assault resulted in a terrible fracture of the victim’s family and other significant harms.

Mr. Sewell sent the victim periodic emails. She did not respond for a long time but, in 2021, with the assistance of police, she met with Mr. Sewell. He answered her questions, disclosing the details of the sexual assault and acts of voyeurism. In April 2022, the Crown charged Mr. Sewell with sexual assault (count 1), administering a stupefying drug with intent to enable him to commit the sexual assault (count 2), voyeurism (pictures taken during the sexual assault) (count 3), and voyeurism (pictures taken through the bedroom window) (count 4). Early on, he instructed his counsel that he would plead guilty to counts 1, 3 and 4 and he did so.

The sentencing judge imposed a concurrent, conditional sentences of two years less a day on one count of sexual assault, six months and three months on two counts of voyeurism, plus victim surcharges and other conditions. The Court of Appeal granted the Crown leave to appeal the sentence. It granted the appeal, set the conditional sentence order aside and replaced it with custodial sentences on three counts, to be served consecutively.