L. Stokes

The court sentenced an offender for multiple historical offences involving prolonged physical abuse of his sons and sexual and physical abuse of his step-daughter, all committed within a parental or step-parental relationship.

Applying the Kienapple principle, the court conditionally stayed duplicative counts and then determined individual sentences before applying the totality principle to avoid an unduly harsh cumulative term.

The court emphasized denunciation and general deterrence in cases of systemic child abuse, particularly where the offender exploited a position of trust and had a prior record for similar misconduct.

A global sentence of 8 years’ imprisonment was imposed, together with DNA, lifetime sex offender registration, and a 5-year weapons prohibition, while a s. 161 order was refused on retroactivity grounds.

Following convictions at trial for multiple counts on an indictment, correspondence from a witness was sent to the trial judge after the verdict but prior to sentencing, alleging pressure relating to the witness’s testimony.

Counsel were invited to address whether the correspondence justified reopening the trial.

Applying the four-part test for reopening a criminal case after verdict, the court found the letter was unsworn, inconsistent with the witness’s sworn testimony, and not reasonably capable of belief.

The circumstances did not meet the stringent threshold required to reopen a concluded trial.

The trial was not reopened.