The defendant, Irby Lemus, was convicted of sexual interference and making and distributing child pornography involving a 14-year-old victim who became pregnant.
The court, after independently finding facts regarding the extent of the sexual interference and the defendant's knowledge of the victim's age, proceeded to sentencing.
The Crown sought 12-15 years, while the defence sought a stay or conditional sentence.
The court determined a base sentence of five years and six months, emphasizing deterrence and denunciation, and considering aggravating factors such as the victim's vulnerability, the intimate nature of the illegal relationship, the resulting pregnancy, and the duration of the abuse.
Mitigating factors included the defendant's lack of a criminal record, pro-social life, family support, and the collateral consequence of separation from his children.
A significant 18-month reduction was applied to the sentence due to a serious s. 7 Charter breach by the Crown, who deliberately failed to disclose material information during a bail review, misleading the court and attempting to interfere with the defendant's parental rights.
