Sentencing following jury convictions for sexual interference, incest, invitation to sexual touching, and exposure arising from repeated intrafamilial sexual abuse of a child over several years.
The court rejected the defence submission that counts 1, 3 and 4 should be stayed under the Kienapple principle, finding the convictions could be grounded in different incidents and that incest contained an additional distinguishing legal element.
Applying the modern sentencing approach for sexual offences against children, the court gave primary weight to denunciation and deterrence, emphasizing the offender’s abuse of trust, the victim’s young age, the frequency and duration of the abuse, and its devastating impact.
Despite the offender’s lack of criminal record, work history, and community support, the court imposed an 11-year global sentence with concurrent terms and ancillary orders including lifetime SOIRA.
