The accused was convicted of internet luring of a virtual 15-year-old boy contrary to s. 172 of the Criminal Code.
The Crown sought 18 months imprisonment followed by probation, while the defence sought a conditional sentence or 90 days imprisonment.
The court found the accused to be a first offender on the lower end of the sentencing continuum.
However, the court identified a serious Charter violation: the police unlawfully disseminated the accused's HIV status in a media release without statutory authority or consideration of constitutional rights.
The court imposed a conditional sentence of two years less one day followed by three years of probation as a remedy for the Charter breach while maintaining denunciation and deterrence of the underlying offence.
