The appellant appealed a custodial sentence imposed after a guilty plea to historical indecent assaults against a young male.
Applying the conditional sentence framework from Proulx, the court considered both the risk of reoffending and the gravity of potential harm, together with the extent to which strict community conditions could reduce any danger.
Fresh psychiatric and psychological evidence, coupled with lengthy compliance on bail under house arrest and sustained treatment participation, demonstrated that the appellant had become a low risk to reoffend and was suitable for management in the community.
The court held that rehabilitation remained a primary sentencing objective in this type of case where it was realistically achievable, allowed the appeal, and substituted a further two-month conditional sentence plus probation.
