The appellant appealed his sentence of four years and four days for sexual touching and three counts of breach of recognizance.
The offences involved touching a young boy over his clothes, committed while the appellant was subject to an order prohibiting him from being alone with children.
The trial judge had considered a medical report indicating a likelihood of future abuse.
The Court of Appeal found that while a significant sentence was necessary for public protection, the total sentence was excessive given the low gravity of the specific offence and the fact that the medical report was not filed as an exhibit.
The court granted leave to appeal and reduced the sentence for sexual touching from three years to two years.
