This is a sentencing decision for Gioacchino Jack Ricchio, who was convicted of sexual assault.
The 16-year-old victim was intoxicated and drugged with flubromazolam, rendering her incapable of consent.
The assault involved intimate touching and possibly digital penetration.
Aggravating factors included the victim's vulnerability, the accused's knowledge of her incapacitation, his prior youth criminal record (including a violent offence), and his callous abandonment of the victim while she was incapacitated.
Mitigating factors included the accused's youth (20 years old), intellectual deficits, and family support.
The court emphasized denunciation and general deterrence, finding the assault highly intrusive and harmful despite the absence of proven penile penetration, citing R. v. Friesen.
Considering the principle of parity with a co-accused who received 26 months, the court imposed a sentence of two years less a day imprisonment, followed by two years of probation, along with various ancillary orders.