The accused pleaded guilty to extortion under section 346(1.1) of the Criminal Code.
He threatened to disseminate intimate images of a young female complainant unless she engaged in sexual intercourse with him.
The Crown sought 9 to 12 months custody plus probation, while defence counsel sought a conditional sentence of 12 to 18 months or alternatively 90 days intermittent jail.
The central issue was whether the offence constituted a "serious personal injury offence" that would preclude a conditional sentence.
The court found that the threats, while abhorrent and extortionate, did not constitute violence or attempted violence as contemplated by the legislation, distinguishing the case from robbery or assault cases involving weapons.
The court imposed a 15-month conditional sentence with strict conditions including 12 months house arrest, followed by 21 months probation.
