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Sentencing decision for historic child sexual offences and bestiality committed against the accused’s granddaughters, resulting in a 7.5-year custody term.
Trial judgment on multiple sexual offence charges against a grandfather. The court convicted on five counts and acquitted on one count.
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
The Court of Appeal upheld the finding that taking a child’s hand to the accused’s genitals could amount to invitation to sexual touching, but stayed that count under Kienapple.
Applying Friesen, the court concluded that denunciation and deterrence require a mid-single digit penitentiary term for repeated sexual interference and invitation to sexual touching of a vulnerable child by a trusted adult; the offender's advanced age and health were considered but no evidence showed incarceration would endanger him or preclude treatment, so they did not outweigh aggravating factors. The appropriate global sentence is six years' imprisonment on s.151, with the s.152 sentence concurrent; the s.271 count is stayed under Kienapple. Mandatory and discretionary ancillary orders w…
Source excerpt
The court convicted Michael Norberg of invitation to sexual touching and unlawful confinement, accepting the complainant’s evidence and rejecting his denial.
The court sentenced Robert Russel Joseph Morin to three years for sexual offences involving a 13-year-old, with concurrent terms, custody credit, and a concurrent one-month breach sentence.
A suspended sentence with two years probation is fit and proper given the offender's youth, lack of prior record, guilty plea and remorse; mandatory ancillary orders (DNA and SOIRA) are granted; a s.161 order prohibiting presence at school grounds and internet contact with those under 16 is granted for five years; a s.109 firearms prohibition is declined because the offence (s.152 invitation to sexual touching) did not meet the statutory requirement that violence be used, threatened or attempted in this case.
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The court found T.L.P. to be a dangerous offender, imposed an 11-year aggregate sentence, and ordered a 10-year Long Term Supervision Order with ancillary lifetime conditions.
The British Columbia Supreme Court dismissed Mr. Campbell’s appeal, upholding convictions for touching for a sexual purpose and invitation to sexual touching.
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