Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.
Results update automatically as you type.
Canada decisions
Decisions matching the current search
Sentencing in a child sexual interference case: the court rejected a conditional sentence and imposed 2.5 years’ imprisonment, plus DNA, registration, weapons and no-contact orders.
The sentencing judge did not err in law or principle in weighing aggravating and mitigating factors, properly applied Friesen's elevated emphasis on denunciation and deterrence for child sexual offences, reasonably exercised discretion in granting enhanced pre-trial credit, and therefore the 10-year global sentence is not demonstrably unfit and is upheld.
Source excerpt
The Court allowed the appeal and held the trial judge erred in principle by using aggravating facts from the sexual interference offences to elevate the remaining sentence after accepting a joint one‑year sentence for those offences (thus double‑counting); the error materially affected the sentence so the remaining sentence was set aside and a substituted global sentence was imposed consistent with Anthony-Cook, Friesen and the totality principle.
Source excerpt
The Court of Appeal upheld a 16-year, 6-month sentence for multiple child sexual offences and child pornography counts, finding no reversible sentencing error.
Although the normal custodial range for these child sexual offences was 4–6 years per Friesen, the sentencing judge gave significant weight to Gladue factors and the low assessed risk of reoffending and imposed a diminished, fit sentence of 3 years imprisonment in a federal institution; ancillary orders were granted (weapons prohibition, DNA, SOIRA) and the s.161(1) prohibition order was refused as unnecessary in the unique circumstances; the sexual assault conviction was stayed pursuant to the rule against multiple convictions and the victim surcharge was waived.
Source excerpt
Sentencing after trial for 11 historic sexual offences: the court imposed consecutive jail terms, then reduced the 155-month total to 78 months under totality.
Applying Friesen and provincial precedents, weighing significant aggravating factors (position of trust, victim age, repeated and prolonged abuse including multiple acts of intercourse and fellatio with ejaculation and lack of mitigating factors), and considering the SOA that indicates baseline average sexual recidivism risk but ongoing risk without treatment, a custodial sentence of 7 years on each s.151 count to be served concurrently is fit; a judicial stay is appropriate on the s.271 sexual assault charges; remand credit of 137 days reduces the go‑forward sentence to 6 years, 7 months and…
Source excerpt
The court held that the 90-day mandatory minimum for summary sexual interference under s. 151(b) of the Criminal Code is unconstitutional under s. 12 of the Charter.
Balancing statutory sentencing principles and Friesen guidance against the facts (very young victim, serial abuse over 18 months, abuse of parental trust, serious degree of physical interference) and mitigating factors (guilty plea, remorse, limited record, below-average recidivism), the court imposed 56 months custody on s.151 with concurrent 56 months on s.152, a conditional judicial stay on s.271 under Kienapple, granted enhanced remand credit at 1.5 days per day (total 823 days = 27.5 months) and converted the result to a go-forward custodial term of 28.5 months; ancillary orders were imp…
Source excerpt
Applying R v Friesen, the offence's inherent wrongfulness, breach of trust as father, age of victim (16), elevated physical interference (removal of shorts and cunnilingus), victim impact, offender's limited rehabilitation efforts and ongoing alcohol use made imprisonment necessary; a three-year custodial sentence was proportionate and fit; mandatory DNA and a 20-year SOIRA order were imposed; firearms prohibition limited to statutory minimum period (10 years post-release for s.109(2)(a) items and life for s.109(2)(b) items); non-communication during custody except a written apology was order…
Source excerpt
Explore more
