The Crown appealed a three-year penitentiary sentence imposed on the respondent for sexually assaulting a developmentally disabled woman.
The Court of Appeal found that the sentencing judge erred in principle by failing to properly apply the Friesen principles, which dictate that sexual offences against vulnerable individuals akin to children are inherently wrongful and require substantial sentences.
The sentencing judge mistakenly reduced the respondent's moral culpability by considering factors such as the absence of overt sexual objectification and "generous" treatment of the victim.
The Court found the original sentence demonstrably unfit and increased it to six years, ordering the respondent's reincarceration despite his recent release on day parole.
