H. Nickel

The accused was charged with four indictable offences: sexual assault, sexual interference, inviting a child to sexually touch the accused, and threatening death.

The complainant, a child, testified that the accused, his uncle, sexually assaulted him repeatedly over approximately 18 months while the child was between 7 and 8 years old.

The accused denied all allegations.

The trial judge found the complainant credible and rejected the accused's denials as internally and externally inconsistent.

The court found the accused guilty on all counts, emphasizing the compelling nature of the child's evidence and the accused's implausible testimony regarding constant supervision and an open bedroom door.

The offender was sentenced for Criminal Negligence Causing Death after pleading guilty to driving a truck at high speeds through residential streets while fleeing police, striking and killing a 69-year-old pedestrian.

The offender had a prior criminal record including drug offences, dangerous driving, and multiple driving-while-prohibited convictions.

The Crown sought eight years; the defence sought five years.

The court imposed eight years less pretrial custody, finding the offence was aggravated by the deliberate nature of the criminally negligent driving undertaken to evade police apprehension, the calculated manner in which the pursuit was initiated, continued reckless driving after police backed off, and the offender's conduct after striking the victim.

The court also imposed consecutive sentences for related driving-while-prohibited and obstruct police charges, resulting in a total sentence of six years and two months, plus a 15-year driving prohibition.