The offender was found guilty of sexual assault with a weapon after inserting a vibrator into the unconscious or sleeping victim.
At sentencing, the court considered the constitutionality of s. 742.1(f)(iii) of the Criminal Code, which prohibits conditional sentences for sexual assault.
Following recent precedent, the court declared the provision unconstitutional under ss. 7 and 15 of the Charter.
Weighing the paramount objectives of denunciation and deterrence against the offender's significant rehabilitation and lack of prior record, the court imposed a conditional sentence of two years less a day, followed by one year of probation, and ordered $5,000 in restitution to the victim.
