Lakin Afolabi

This sentencing decision concerns M.S., who was found guilty of sexual interference and two counts of assault against his daughters, A1 and A2.

The court reviews the facts of the offences, the impact on the victims, the offender’s background including Indigenous heritage and intergenerational trauma, and the results of a Gladue report and Sentencing Circle.

The court considers the principles of sentencing, including denunciation, deterrence, and the appropriateness of a conditional sentence.

Ultimately, the court imposes a conditional sentence of two years less a day for sexual interference, concurrent 90-day sentences for assault, followed by two years’ probation and various ancillary orders.

This decision addresses the issue of consent in a sexual assault trial involving Seungjin Lee, who was charged with sexual assault, forcible confinement, and criminal harassment.

The court carefully analyzed conflicting testimonies regarding the events at a hotel room following a date, focusing on whether the complainant, S.K., consented to sexual activity.

The judge found reasonable doubt regarding the sexual assault charges due to inconsistencies and ambiguities in the evidence, ultimately acquitting Lee of sexual assault and forcible confinement but convicting him of criminal harassment based on his admitted conduct and evidence.

The applicant, convicted of two counts of indecent assault and sentenced to four years concurrent, sought bail pending appeal.

The Court of Appeal for Ontario considered the three elements under s. 679(3) of the Criminal Code: whether the appeal was frivolous, whether the applicant would surrender, and whether detention was necessary in the public interest.

While the appeal was deemed not frivolous and the applicant was likely to surrender, the court found that his detention was necessary in the public interest.

Balancing the strong interest in enforceability due to the seriousness of the sexual offences against children against the weak interest in reviewability given the weakness of the appeal grounds, the court dismissed the application for bail pending appeal.

The defendant was charged with sexual assault with a weapon following an encounter with the complainant at his apartment.

The complainant testified that she initially consented to vaginal intercourse but revoked her consent when the defendant digitally penetrated her rectum.

She alleged the defendant ignored her protests, used a belt around her neck as a weapon, and forced further non-consensual sexual acts.

The court applied the W.(D.) framework, found the complainant's evidence credible and reliable, and rejected the defendant's version of events as illogical.

The defendant was found guilty.

The accused, Lawrence Thompson, was charged with sexual interference, sexual assault, kidnapping, and abduction of a child under 14.

The charges stemmed from an incident where Thompson picked up a four-year-old complainant, B.S., and drove her a short distance.

The court assessed the credibility and reliability of the child witness, noting inconsistencies but finding her core testimony credible.

The court found the accused's after-the-fact conduct (removing car parts, false statements) indicative of a guilty conscience.

The court rejected the defense of mistake of fact regarding consent for kidnapping, stating a four-year-old cannot consent to confinement by a stranger.

All four charges were proven beyond a reasonable doubt.

The accused was charged with a single count of sexual assault against his wife, the complainant, occurring between August 2013 and April 2016.

The complainant alleged multiple instances of forced, non-consensual sexual activity, while the accused maintained all sexual activity was consensual.

The court assessed the credibility of the complainant, her mother, and the accused, relying heavily on text messages that contradicted the complainant's testimony regarding her relationship with her mother and the accused.

Applying the W.(D) principles, the court accepted much of the accused's evidence and found significant inconsistencies in the complainant's testimony, leaving a reasonable doubt as to the absence of consent.

The accused was found not guilty.

A 14-year-old youth pleaded guilty to 16 counts of sexual assault and one count of touching for a sexual purpose against a five-year-old victim on a school bus over a seven-month period.

The offender was a school bus monitor who groomed the victim through friendship and trust.

The court determined that the offences constituted violent offences under section 39(1)(a) of the Youth Criminal Justice Act based on the psychological harm caused to the victim.

The court imposed a deferred custody and supervision order of four months in custody and two months supervision, followed by one year of probation, rather than immediate incarceration, based on the offender's youth, supportive family environment, positive response to rehabilitation, and the availability of intensive monitoring and treatment programs.