The accused was convicted of sexual assault and invitation to sexual touching against his step-granddaughter and sentenced to nine months' imprisonment.
The Court of Appeal substituted a nine-month conditional sentence.
The Supreme Court of Canada allowed the Crown's appeal, finding that a nine-month conditional sentence was unfit given the gravity of the offences and the accused's high moral blameworthiness.
The original nine-month sentence of incarceration was restored but stayed since the accused had already served the conditional sentence in its entirety.
