Following convictions for sexual assault and making sexually explicit material available to a child to facilitate a sexual assault, the court imposed sentence for offences committed against a 12-year-old child in a babysitting context.
Applying the child-sexual-offence sentencing guidance in Friesen, the court held that denunciation and deterrence had to be given primary weight, while still considering rehabilitation, restraint, parity, and totality.
The court treated as aggravating the accused's position of trust, the victim's young age and vulnerability, the use of pornography to facilitate the assault, the severe psychological harm, and the victim's Indigenous identity in the context of intergenerational trauma.
A consecutive sentence was imposed to reflect the distinct legal interests engaged by the two offences, for a total of 36 months less a day, together with multiple ancillary protective orders.
