The Crown appealed the sentence imposed on the respondent for sexual interference with an 11-year-old child.
The respondent, then 25 years old, had befriended the victim, engaged in grooming behaviour via text and telephone, and subsequently raped her.
The trial judge sentenced him to 30 months' imprisonment with 15 months credit for presentence custody.
The Court of Appeal found that the sentencing judge erred by failing to give proper effect to the principles of deterrence and denunciation, by failing to recognize that the respondent had sought out a young girl, and by failing to consider the significant impact of the offence on the victim as a separate aggravating circumstance.
The Court of Appeal allowed the appeal and increased the sentence to 33 months' imprisonment (resulting in an effective sentence of 4 years after credit for presentence custody).