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Appeal from convictions for sexual assault-related offences and uttering threats dismissed. The court upheld bad-character evidence, jury directions, and exclusion of a video.
Given the aggravating factors (18 year age gap, repeated progressive sexual activity including intercourse, grooming and nurturing of relationship, victim vulnerability) and sentencing principles emphasizing denunciation and deterrence, a custodial sentence of 9 months with one year probation, DNA order and SOIRA registration is fit and proper; s.109 order refused because no evidence of violence; s.490.012(4) exception not established by accused.
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The trial judge's credibility findings were reasonable on the evidence; the Crown proved beyond a reasonable doubt that the appellant, a person in a position of authority, touched a young person for a sexual purpose and engaged in familiarity contrary to s.129(2)(c) and SOP 203.2; the sentence imposed was within the judge's discretion and not manifestly unreasonable, so the appeal must be dismissed.
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The British Columbia Court of Appeal dismissed the accusedâs appeal from a sexual exploitation conviction, upholding findings that he was in a position of trust.
Evidence of the appellant's nonâsexual physical violence toward family members was properly admitted as relevant to establishing a position of trust/authority and to explain delayed reporting; although the trial judge should have given the standard limiting instruction that such evidence cannot be used as propensity proof, the omission did not produce a substantial wrong or miscarriage of justice and the conviction is upheld under the proviso; the trial judge erred in principle on sentencing by failing to apply the established three to five year range for incestuous sexual offences, and the câŚ
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