B.S. was convicted of indecent assault, a historical offense occurring almost 40 years prior.
The Crown sought a custodial sentence of 12 to 18 months, while the offender requested a conditional sentence or a "short, sharp" intermittent sentence.
The court considered aggravating factors, including the escalation of abusive behavior, the significant age disparity between the offender (18-20) and the victim (10-13), the victim's vulnerability, and the profound, lasting impact on the victim as detailed in her victim impact statement.
Mitigating factors included the offender's age (56), a positive pre-sentence report, gainful employment, positive community contributions, past efforts to address depression and substance abuse, and no prior custodial sentences.
The court determined that a conditional sentence would not adequately address the principles of denunciation and general and specific deterrence, which are paramount in sexual offense cases against children.
A "short, sharp" sentence was also deemed inadequate.
The court imposed a custodial sentence of 18 months, followed by three years of probation with specific conditions, a DNA order, and a 20-year SOIRA order.
A requested order under section 161(1) of the Criminal Code was denied as unnecessary given the offender's history since the offense.