Gerald J. Chan

The appellant, R. J.-B., appealed his sentence of 35 months in custody for two convictions of sexual assault, arguing that the sentencing judge failed to adequately consider the immigration consequences, which would lead to his automatic deportation.

The appellant sought a reduced sentence of six months less one day per count (consecutive) or a conditional sentence of 18 months per count to preserve his right to appeal the removal order.

The court acknowledged that immigration consequences can be relevant in sentencing but found the proposed sentences manifestly unfit given the egregious nature of the crimes, which involved digital and attempted vaginal penetration of his 16-year-old cousin, whom he was supposed to be helping after she had been previously sexually abused.

The court dismissed the appeal, upholding the original sentence as fit and not demonstrably unfit.

The accused pleaded guilty to one count of criminal harassment contrary to section 264 of the Criminal Code for non-consensually distributing intimate images of the complainant on a pornographic website.

The Crown sought a suspended sentence with 12 months probation, while the defence sought an absolute discharge.

The court found the offence to be serious given the prevalence of non-consensual sexting, the breach of trust, the vulnerability of the victim, and the accused's degree of responsibility.

However, the court considered the accused's exemplary character, rehabilitation efforts, remorse, guilty plea, and the collateral consequences already suffered.

The court imposed a suspended sentence with 12 months probation, no contact with the complainant, and restrictions on possessing intimate images.

The offender, a 63-year-old man with a distinguished career in education, pleaded guilty to possession of child pornography, making child pornography, and counselling the indictable offence of sexual assault.

Over a multi-year period, the offender engaged in online communications with undercover officers posing as individuals interested in child sexual abuse, collected child pornography, created written child pornography depicting violent sexual abuse of a child, and provided detailed instructions to an undercover officer posing as a mother on how to sexually abuse her eight-year-old daughter.

The court imposed a global sentence of three years (six months for possession, 12 months for making, and 18 months for counselling, all consecutive), along with ancillary orders including a five-year prohibition order under section 161 of the Criminal Code, DNA sampling, sex offender registration for life, and forfeiture of electronic devices.