The Crown appealed a conditional sentence imposed for prolonged sexual abuse of two children in the same household.
The Court of Appeal held that the sentencing judge committed errors in principle by failing to give primary consideration to denunciation and deterrence under s. 718.01 of the Criminal Code, by misapprehending expert evidence as establishing a significant causal connection between mental illness and the offences, and by allowing possible immigration consequences to displace proportionate sentencing.
Applying Friesen, the court held that a penitentiary term was required for repeated sexual violence against child victims involving grooming, breach of trust, penetration, pornography, and attempts to influence a witness.
The sentence appeal was allowed and a seven-year custodial sentence, less time served, was substituted.
