The accused, an employer, was convicted of sexual assault and common assault against a young employee.
At trial, he was sentenced to one year of incarceration for the sexual assault.
The Court of Appeal substituted a six-month conditional sentence, applying new sentencing provisions enacted after the trial.
The Supreme Court of Canada allowed the Crown's appeal, holding that while the accused was entitled to the benefit of the new conditional sentencing regime, a conditional sentence was unfit given the gravity of the offence and the abuse of a position of authority.
The original sentence of incarceration was restored but stayed as the conditional sentence had already been served.
