The Crown appealed a nine-month sentence imposed on the respondent for sexually assaulting his developmentally delayed wife.
The Court of Appeal found the trial judge erred in principle by treating the absence of extraneous violence as a mitigating factor and by failing to properly consider the respondent's history of prior sexual abuse against the victim.
The Court held the sentence was demonstrably unfit, allowed the appeal, and increased the sentence to two years less a day, while also correcting the SOIRA order to 20 years.
