James Frost

Following a jury conviction for sexual assault, invitation to sexual touching, and incest arising from historical sexual abuse of the offender's daughter between ages 8 and 11, the court imposed sentence.

The court found repeated grooming, escalating abuse including oral sex and sexual intercourse, a profound parental breach of trust, serious long-term victim and family harm, and a highly aggravating prior similar conviction involving another young child.

Applying contemporary sentencing guidance for child sexual offences, the court held that denunciation and deterrence were paramount and that the Kienapple principle did not bar multiple convictions because different incidents grounded the counts.

A total sentence of 11 years was imposed, reduced by 11 months' pre-sentence custody credit, together with DNA, SOIRA, weapons prohibition, child-contact prohibition, and custodial no-contact orders.

The offenders, two brothers with extensive criminal records, pleaded guilty to five counts of break and enter and theft involving commercial stores.

They used stolen vehicles to ram through store entrances and steal merchandise.

The court weighed their lengthy records, drug addictions, and the aggravating factor of the younger brother being on probation.

The older brother was sentenced to 5 years imprisonment and the younger to 50 months, both receiving 1.5:1 credit for pre-sentence custody.

The appellant appealed his conviction for operating a motor vehicle with a blood alcohol concentration over 80.

He argued that the trial judge erred in finding that the arresting officer had reasonable grounds to arrest him for impaired driving and make a breath demand, asserting the officer only had a suspicion.

The summary conviction appeal court dismissed the appeal, finding no error in the trial judge's conclusion that the officer's observations of the appellant's driving, behaviour, and physical symptoms provided an objectively reasonable basis to believe his ability to drive was impaired by alcohol.