A.J. Goodman

The offender, a 62-year-old man with a dated but related criminal record, was convicted of sexual interference and sexual assault against a 13-year-old victim who lived in his home.

The court applied the Friesen principles, emphasizing the abuse of trust, the vulnerability of the victim, and the significant psychological impact.

A global sentence of six years was imposed, which was reduced to two years less a day after applying enhanced credit for pre-sentence custody and harsh jail conditions, followed by two years of probation.

The appellant appealed his convictions for impaired driving, over 80, flight from police, and stunt driving, as well as his sentence.

He argued the trial judge erred in dismissing his s. 10(b) Charter application by failing to find a breach when police did not allow him direct access to his phone to call a third party to obtain a lawyer's contact information.

The Summary Conviction Appeal Court dismissed the conviction appeal, holding that police are not constitutionally required to give a detainee direct access to a phone to call a third party.

The court also dismissed the sentence appeal, finding the trial judge provided adequate notice before imposing a harsher sentence than the Crown requested and that the 150-day total sentence was not demonstrably unfit.