Leah Shafran

The accused, Tyler Carter, pleaded guilty to two counts of sexual interference involving two 14-year-old complainants.

A joint submission for a sentence of two years less one day imprisonment followed by three years probation was presented.

The court considered aggravating factors, including the complainants' age and the multiple acts of sexual interference, and mitigating factors, such as the accused's guilty plea, youthfulness at the time of the offence, lack of prior criminal record for these types of offences, and motivation for treatment for complex mental health challenges.

The defence sought additional credit for pre-sentence custody due to COVID-19 risks in prison, which the court denied, finding the joint submission already lenient and further reduction disproportionate.

The court accepted the joint submission and imposed the recommended sentence, along with various ancillary orders including a DNA order, SOIRA registration, and communication/proximity prohibitions.

Following a judge-alone criminal trial, the court convicted the accused of sexual assault and sexual exploitation involving a child complainant who disclosed two incidents in the family home.

The court applied the W.(D.) framework, rejected the accused's denial, alleged affair narrative, and late-disclosed alibi as implausible, and accepted the evidence of the complainant and her parents.

The court held that inconsistencies identified by the defence were minor, explainable by the complainant's age, or peripheral to the core allegations.

DNA evidence showing the accused's semen on the complainant's towel provided powerful confirmation of the complainant's account.

Convictions were entered on all counts.

The accused pleaded guilty to exposing his genital organs to his 11-year-old step-daughter contrary to section 173(2) of the Criminal Code.

The Crown proceeded by indictment.

The offence was the beginning of a pattern of sexual exploitation of the victim.

The accused is a recidivist with a prior conviction for sexual assault on his niece.

The court considered 812 text messages exchanged between the accused and the victim over a six-month period as evidence of uncharged conduct under section 725(1)(c) of the Criminal Code.

The parties disagreed on the amount of presentence custody to be attributed to the sentence, with the Crown seeking 10 months and the defence seeking 5 months and 29 days to avoid immigration consequences.

The court imposed a suspended sentence with three years probation and ancillary orders.