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The Court dismissed the appeal, holding there was no error in principle or demonstrable unfitness in the sentencing judge's exercise of discretion to impose a s.161 order; appellate deference to such discretionary orders is required and the cited authorities confirm prescribed circumstances are not a prerequisite to making a s.161 order.
Source excerpt
The Crown appeal from a suspended sentence for sexual interference succeeded. The Court found error in principle, held the sentence demonstrably unfit, and imposed custody plus protective orders.
The court suspended sentence and imposed three yearsâ probation for sexual interference of an 11-year-old stepdaughter, with tailored conditions, DNA, SOIRA and firearms orders.
The court imposed 42 months imprisonment because the offence involved a 14-year-old victim with both vaginal and anal penetration, the offender knew the complainant was a minor, he had a prior sexual-assault conviction and had not accepted responsibility or expressed remorse; these aggravating factors, weighed against sentencing principles prioritizing denunciation and deterrence for child sexual abuse and guided by comparable authorities, justified a sentence above the defence recommendation. Ancillary orders (DNA, lifetime firearms prohibition, lifetime sex-offender registration) were warraâŚ
Source excerpt
The Court of Appeal reduced a sexual-offence sentence after finding errors in the application of totality and mitigating factors, and deleted one retrospective s. 161 condition.
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