Guy W. Roy

In a criminal prosecution involving allegations of sexual assault against a child, the Crown sought to admit similar act evidence from a prior trial in which the accused had recently been convicted of comparable sexual offences involving another young complainant.

The defence argued the application should not proceed until appellate rights relating to the earlier conviction were exhausted and challenged the evidentiary basis for the application.

The court rejected the preliminary objection and held that the prior conviction and the trial judge’s reasons were admissible evidence on the similar fact voir dire.

Applying the governing principles from the Supreme Court of Canada, the court concluded that the similarities between the alleged acts—including the age of the complainants, the nature of the sexual acts, and the familial relationship—were highly probative and significantly outweighed any prejudicial effect.

The similar act evidence was therefore admitted.

The offender was sentenced following convictions for possession of child pornography, manufacturing child pornography, and making child pornography available through peer‑to‑peer file sharing software.

The evidence included numerous images and videos involving children, including images of the offender’s step‑daughter taken while she slept, and forensic evidence linking downloads and distribution to the offender’s computer and phone.

The court emphasized that denunciation and general deterrence are the primary sentencing objectives for offences involving the sexual exploitation of children under the Criminal Code.

Aggravating factors included breach of trust toward a step‑child, distribution through file‑sharing software, and the disturbing nature of the images.

The offender received a custodial sentence of two years less a day followed by three years of probation, along with ancillary orders including SOIRA registration, a DNA order, a s.161 prohibition order, and forfeiture of electronic devices.