J. Parise

The offender pleaded guilty to sexual interference after performing oral sex on his 3-year-old half-sister while babysitting her.

The Crown sought an 18-month custodial sentence, while the defence argued for a conditional sentence.

The court noted that a conditional sentence was statutorily unavailable and emphasized the need for denunciation and deterrence given the offender's position of trust and the victim's extreme youth.

The court sentenced the offender to 15 months in custody, followed by 3 years of probation, and imposed various ancillary orders including a 20-year SOIRA order.

The appellant appealed his convictions and sentences for sexual interference and invitation to sexual touching involving an 11-year-old complainant.

The appellant argued the trial judge misapplied the W.(D.) framework, misapprehended evidence, rendered an unreasonable verdict, provided insufficient reasons, and imposed a harsh sentence.

The summary conviction appeal judge dismissed all grounds of appeal, finding no error in the trial judge's credibility assessments or application of legal principles.

The consecutive sentences totaling ten months were upheld as fit, considering the totality principle and the aggravating factor of the victim's age.