A. Barkin

The Crown sought to admit a video and audio statement given by the accused to the police following his arrest for aggravated assault.

The defence argued the statement was involuntary due to oppressive conditions, sleep deprivation, and police trickery, including the use of the Reid Technique and false evidence.

The court found that while the police officer lied to the accused about the evidence against him, the overall circumstances of the interrogation were not oppressive.

The court concluded the Crown met its heavy burden of proving beyond a reasonable doubt that the statement was voluntary and admissible.

Sentencing decision following convictions for sexual assault, sexual interference, and invitation to sexual touching involving a child relative.

The offences occurred repeatedly over approximately one to one and a half years and involved sexual touching between the accused and a child victim in a familial setting, constituting a breach of trust.

The court considered aggravating factors including the victim’s young age, the repeated nature of the conduct, and significant psychological harm reflected in a victim impact statement, as well as mitigating factors including the offender’s lack of criminal record and stable employment history.

Emphasizing denunciation and deterrence in accordance with Criminal Code sentencing principles, the court imposed a custodial sentence below the Crown’s requested penitentiary range but above the defence’s proposed range.