The Crown appealed a conditional sentence imposed after guilty pleas to two counts of sexual interference and one count of sexual assault involving young adolescent victims.
The court held that the sentence was manifestly unfit given the serious and repeated sexual violations, the sentencing judge's improper attribution of blame to the victims, and the respondent's repeated breaches of court-imposed release conditions.
The respondent's admitted attraction to young men, absence of a relevant treatment plan, and poor compliance history made him a poor candidate for a community-based sentence.
The appeal was allowed and the sentence was varied to 18 months' imprisonment less credit for time served under the conditional sentence, resulting in 6 months' incarceration.
