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A daycare operator was sentenced to 60 months in jail for sexual offences against two young children.
The accused was convicted of sexual offences against two young victims under the age of four.
The offences included sexual interference and invitation to touch contrary to sections 151 and 152 of the Criminal Code.
The accused operated a daycare centre and abused his position of trust.
A forensic assessment concluded the accused posed a low risk of sexual or violent re-offence and found insufficient evidence of pedophilic disorder.
The court imposed a sentence of 60 months in jail with ancillary orders including DNA banking, communication prohibitions, sex offender registration, and restrictions on contact with minors and employment involving positions of trust.
The accused daycare operator was convicted of multiple sexual offences against two young children.
The accused was charged with eight sexual offences involving two young complainants, aged three and five years old, who were in his care at his home-based daycare.
The Crown sought to admit the out-of-court statements of both complainants to their parents and police through a Kahn application, arguing necessity and threshold reliability.
The trial judge found that both complainants would be unable to provide coherent testimony and that testifying would cause them undue trauma.
The court admitted the hearsay statements and found them reliable based on the circumstances of disclosure, the complainants' lack of knowledge of sexual conduct, and corroborating details.
The accused's defence was a simple denial.
The trial judge found the complainants' evidence accurate and reliable, and convicted the accused on all counts.
A Section 21 Mental Health Act assessment including a Sexual Behaviours Assessment was ordered prior to sentencing.
