Dr. Somers

The accused pleaded guilty to the kidnapping and sexual assault of two young children in Big Trout Lake, Ontario.

The offences occurred on September 26, 2012, when the accused, in a state of emotional distress following a relationship breakdown, lured four children to his trailer, locked one in the bathroom, and sexually assaulted two young girls both digitally and with his penis, causing significant physical and emotional harm.

The accused was sentenced to six years imprisonment for kidnapping with three years consecutive for sexual assault and three years concurrent for sexual touching, with a lifetime SOIRA order, DNA order, and lifetime weapons prohibition.

The Supreme Court of Canada considered whether general deterrence is a principle of sentencing under the Youth Criminal Justice Act (YCJA).

The Court held that the YCJA introduced a new sentencing regime that deliberately excluded general deterrence as a factor in youth sentencing.

The Court also held that section 42(2)(o) of the YCJA does not require a sentencing judge to impose at least two-thirds of a sentence in custody and one-third under supervision, granting the judge discretion to determine the appropriate length of the custody and supervision portions.

Both appeals were dismissed.