The Crown appealed a suspended sentence imposed following a guilty plea to sexual assault involving brief touching of a 16‑year‑old complainant.
The Crown argued the sentencing judge erred in principle and imposed a demonstrably unfit sentence by failing to adequately weigh aggravating factors and the need for denunciation and deterrence.
The appeal court found the sentencing judge had been incorrectly advised that a conditional sentence was legally unavailable, constituting an error in principle regarding the available sentencing range.
Nevertheless, considering the mitigating factors, the offender’s rehabilitation, completion of probation conditions, and the passage of time, the court concluded that imprisonment would not serve the interests of justice.
The Crown appeal was dismissed.
