The Crown appealed a sentencing decision in which the trial judge refused to impose a section 161 Criminal Code prohibition order against a respondent convicted of sexual assault and sexual interference.
The respondent had been found guilty of more than twenty acts of sexual intercourse with his step-daughter over a 2.5-year period when she was between six and eight years old.
The trial judge imposed a 6.5-year sentence but declined the prohibition order, citing concerns about personal liberty.
The appellate court found that the trial judge failed to adequately consider the respondent's continued risk to children and imposed a tailored section 161 prohibition order for 15 years from release.
