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The Court of Appeal varied a s. 161(1)(c) order, holding that “being in the presence of” a child under 16 goes beyond the statute’s “any contact” wording.
Applying the principles in ss.718/718.1/718.2 and the guidance of R. v. Friesen, the court found the offence objectively serious and that general and specific deterrence, protection of the public and the need for treatment justified a custodial sentence of two years and a two-year probationary term tailored to permit completion of a 30-week specialized sexual offence program; mitigating factors (youth, lack of record, remorse indicators, treatment needs) informed probation rather than reducing custody below two years.
Source excerpt
Sentencing for sexual interference and breach of undertaking: 16 months’ custody for the s. 151 offence, 4 months concurrent for the breach, plus probation and SOIRA orders.
Sentencing for possession of heroin and fentanyl for trafficking. The court found exceptional rehabilitation justified time served plus 12 months' probation.
A two-year federal custodial sentence was imposed because it adequately denounces and deters, reflects the aggravating nature of a major sexual assault on a sleeping and vulnerable victim, and, critically, permits a three-year probationary period on release to mandate participation in sexual offender treatment and supervision, balancing denunciation/deterrence with prospects for rehabilitation given the offender's lack of record, remorse and community supports.
Source excerpt
On a joint submission, the court sentenced two accused for kidnapping, unlawful confinement and related violence, imposed probation and ancillary orders, and applied pre-trial custody credit.
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