R v Merasty, 2023 SKCA 33
[49] The fundamental principle of sentencing is set out in s. 718.1 of the Criminal Code. Pursuant to that provision, a sentence “must be proportionate to the gravity of the offence and the degree of responsibility of the offender”. I would therefore begin the sentencing exercise by considering the gravity of the offence.
[50] As explained by Kalmakoff J.A. in Bear, there are “three key considerations that define the gravity of an offence: (i) the nature and comparative seriousness of the offence; (ii) the circumstances of its commission; and (iii) the harm caused by it” (at para 119, citing R v Yuzicapi, 2011 SKCA 134 at para 28, 377 Sask R 133). I would reiterate that Mr. Merasty perpetrated a sexual assault against a helpless victim who trusted him enough to sleep in the same bedroom. The gravity of this offence is obvious. It was an offence against a sleeping, helpless victim with personal circumstances that Parliament has described as making her vulnerable, thus mandating a primary emphasis on deterrence and denunciation when constructing a fit sentence. It was also a violent crime which caused serious emotional and psychological harm to the complainant. The gravity of this was compounded by Mr. Merasty’s insistence that he had done nothing wrong and that she was either lying or exaggerating. While he did not engage in any additional violence, and while he did not persist after she resisted, these factors only serve to prevent the circumstances from being even worse than they were.
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