Gloria Huh

This sentencing decision addresses the appropriate sentence for a mother convicted after trial of assault with a weapon against her young son over nearly three years.

The court rejects the parties' joint proposal for a suspended sentence with probation, finding it insufficient to reflect the offender’s moral blameworthiness, the child’s vulnerability, and the serious harm caused.

The judge emphasizes the limited applicability of the Anthony-Cook test post-trial, the primacy of denunciation and deterrence in child abuse cases, and the aggravating factors including the pattern of conduct, breach of trust, and impact on the victim.

Despite mitigating factors such as the offender’s progress and lack of prior record, the court imposes an 18-month conditional sentence followed by two years probation, with ancillary orders including DNA sampling and a weapons prohibition.

This ruling addresses a Crown's Seaboyer application in a sexual assault case involving a young person.

The Crown sought to admit evidence of the complainant's prior consensual sexual activity with the accused to provide context for the relationship dynamics and discussions about consent, and to explain the complainant's reasons for continuing the relationship after the alleged assault.

The court, after a voir dire, found the evidence admissible, determining it had legitimate probative value for these purposes and did not improperly invoke the "twin myths" or cause undue prejudice.