A British Columbia man will serve time in federal prison after an appeals court overturned a previous decision that allowed him to serve his sentence at home. Justin Donald Sewell, a veterinarian from Fort St. John, was initially sentenced to 33 months of house arrest after pleading guilty to drugging, sexually assaulting, and taking nude photos of his sister-in-law.

The ruling was made by appeals court justice Lisa Warren, who stated that the original sentencing judge made a significant error by not fully considering the severity of the voyeurism charges. These charges were separate from the sexual assault incident. Warren noted, "In imposing concurrent sentences, the judge erred in failing to consider the distinct legal interests violated by the voyeurism offences."

The case dates back to June 2007, when the victim, then 20 years old, moved in with her sister and Sewell. During that time, Sewell offered her a "safe environment" to drink, but instead, he spiked her drink with drugs. Once she was incapacitated, he stripped her, sexually assaulted her, and took approximately 30 nude photos, including one that featured his genitalia near her face.

The victim was unable to recall the full extent of the assault due to the drugs and alcohol but remembered waking up to find Sewell removing her clothing. She later moved away for school, unaware that the photos remained on Sewell's work computer until they were deleted after a staff member accidentally discovered them.

The assault remained undisclosed until 2014, when one of the victim's sisters learned about the photos, leading to a rift in the family. Sewell's wife and the victim's parents initially sided with him. In 2019, the victim contacted law enforcement after learning of Sewell's admission to his extramarital partner about drugging her and taking photos, but not about the sexual assault.

In October 2021, during a recorded meeting, Sewell confessed to the sexual assault and admitted to taking photos of the victim from outside her bedroom window. He was charged with one count of sexual assault and two counts of voyeurism in April 2022 and pleaded guilty in November.

At the sentencing hearing in April, the Crown requested a four-and-a-half-year sentence and placement on Canada’s sex offender registry. Sewell's defense sought a conditional sentence of two years less a day. The judge ultimately decided on concurrent sentences, believing that consecutive sentences would undermine the value of Sewell's guilty plea.

The Crown appealed, arguing that the judge did not adequately weigh the severity of Sewell's actions against his confession. The appeal court agreed that the judge erred in allowing Sewell to serve his sentences concurrently without considering the distinct harm caused by the voyeurism charges. Warren concluded that a 33-month sentence was appropriate and not excessively harsh. Sewell's sentences will be retroactive to his initial sentencing earlier this year.