The young person pleaded guilty to the sexual assault of his adopted sister, which occurred over a six-year period.
The Crown sought a six-month custodial sentence, while the defence sought probation.
The court noted that while custodial sentences are the norm for serious sexual assaults under the Youth Criminal Justice Act, the young person's cognitive difficulties, including Fetal Alcohol Spectrum Disorder and Attention Deficit Hyperactivity Disorder, constituted exceptional circumstances.
Given his low risk to re-offend, lack of prior record, and rehabilitative steps, the court imposed a non-custodial sentence of two years' probation, along with a DNA order and a weapons prohibition.