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The court struck down a mandatory minimum sentence for a sexual offence as grossly disproportionate due to the consensual nature of the teenage relationship.
The accused was convicted of invitation to sexual touching under section 152 of the Criminal Code following a consensual romantic relationship with a 14-year-old complainant when the accused was 19 years old.
The age difference was five years and 35 days, placing the accused just outside the five-year close-in-age exception under section 150.1.
The sentencing court found that imposing the mandatory minimum 90-day custodial sentence would be grossly disproportionate to the circumstances, including the consensual and non-exploitative nature of the relationship, the complainant's lack of harm, the accused's excellent character and remorse, and the minimal difference from the statutory exception.
The court imposed a suspended sentence with 12 months probation, 25 hours community service, DNA registration, and a 10-year SOIRA order.
