J. Swart

The offender was convicted by a jury of sexual interference involving a child under the age of 16, with the sexual assault count conditionally stayed under the Kienapple principle.

The court determined at sentencing that the evidence established two incidents of sexual touching of a very young child but that the Crown had not proven beyond a reasonable doubt that the offences occurred after legislative amendments increasing the mandatory minimum penalty.

Applying sentencing principles emphasizing denunciation and deterrence for offences involving abuse of children and breach of trust, the court considered aggravating factors including the victim’s age and the offender’s position of trust, as well as mitigating factors such as the offender’s lack of criminal record, positive background, and some indications of remorse.

After reviewing comparative authorities, the court concluded that a custodial sentence of 14 months was appropriate, followed by probation and several ancillary orders including SOIRA registration and a weapons prohibition.

The offender was convicted by a jury of sexual interference with a child and related sexual assault conduct involving repeated sexual touching of a young complainant over a period of several weeks.

The court applied the Kienapple principle to enter a conviction for sexual interference and conditionally stay the sexual assault count.

Aggravating factors included the complainant’s young age, the offender’s position of trust as a relative, repeated incidents over an extended period, and the significant psychological harm to the complainant.

After considering the offender’s background, prior unrelated criminal record, and the principles of sentencing under the Criminal Code, the court emphasized denunciation, deterrence, and separation from society.

A penitentiary sentence was imposed along with ancillary orders including DNA, SOIRA registration, weapons prohibition, and restrictions on contact with children.