The accused, Donald Wayne Riggs, pleaded guilty to four counts of voyeurism under s. 162(1)(a) and (c) of the Criminal Code, involving surreptitious visual recordings of his neighbour, C.A., over several years, including intimate and sexual acts.
The recordings, some made after his initial arrest, caused significant emotional, financial, and practical distress to the victim and her family, forcing them to move.
The Crown sought 18 months incarceration, while the defence sought a conditional sentence.
The court found numerous aggravating factors, including the duration and intrusive nature of the invasion of privacy, the filming of sexual activity, and the accused's continued behaviour after being caught.
Mitigating factors included a guilty plea (though limited by timing) and mental health issues.
The court rejected the accused's claims of non-sexual purpose and insincere remorse, noting his victim-blaming.
Applying sentencing principles, particularly denunciation and general deterrence, the court determined that a conditional sentence was inappropriate given the high moral blameworthiness and lack of insight.