F. Hawthorn

The accused pleaded guilty to three counts of sexual offences against a 13-year-old victim: two counts of sexual interference and one count of invitation to sexual touching.

The offences occurred in September 2014 when the accused was 33 years old.

The accused had exploited his position as a trusted family friend to initiate sexual contact with the victim, engaging in unprotected vaginal intercourse and oral sex on two separate occasions.

The Crown sought a global sentence of 5 years imprisonment, while the defence argued for 2 years less a day.

The court imposed a global sentence of 5 years imprisonment with credit for 345 days of pre-sentence custody at a rate of 1.5 days per day served, resulting in approximately 17 months credit.

The court also imposed ancillary orders including a DNA order, prohibition on communication with the victim, lifetime sex offender registry requirement, and a 10-year prohibition on employment or volunteering with persons under 16 years of age.

The Crown sought to admit a statement made by the accused during a polygraph interview.

The accused argued the statement was involuntary because the police officer used unsettling questions and failed to inform him that he had passed the polygraph test before continuing the interrogation.

The court applied the Oickle framework and found that the accused had an operating mind, was not subjected to threats or inducements, and understood his rights to leave or contact counsel.

The statement was ruled voluntary and admissible.