The Crown appealed a conditional sentence imposed following guilty pleas to multiple historical sexual assaults against the respondent's daughters and nieces, together with assaults against family members.
The Court of Appeal held that the sentencing judge materially misapprehended the evidence by treating repeated sexual abuse counts as isolated incidents, thereby minimizing the seriousness of the offences and the prolonged breach of trust.
The court distinguished the authority relied on below and held that a conditional sentence could not satisfy denunciation and general deterrence for repeated child sexual abuse in a parental and familial context.
Leave to appeal was granted, the appeal was allowed, and the sentence was varied to a total custodial sentence of 28 months with six months' credit, resulting in 22 months' imprisonment.