Lynda Lamb

The offender, A.D., was convicted of two counts of sexual interference involving two 10-year-old students at an elementary school where he worked as a custodian.

The offences involved progressive physical contact, including gyrating, over clothing, and occurred multiple times.

The Crown sought consecutive sentences totaling three years, while the defence proposed a concurrent 90-day sentence.

The court considered aggravating factors such as breach of trust, multiple victims, age difference, and the location of the offences, alongside mitigating factors including the offender's age, poor health, role as caregiver, low risk of reoffending, and expression of regret.

Applying the principles from R. v. Friesen, the court imposed a concurrent sentence of 17 months on each count, along with ancillary orders including DNA, firearms prohibition, SOIRA, and section 161 orders.

The Crown sought to introduce three categories of bad character evidence at the accused's trial for first-degree murder and indignity to a human body: statements made to a psychiatric nurse about killing and cannibalism, handwritten rap lyrics, and a photograph of a fictional serial killer.

The court first ruled that the Crown's allegation of cannibalism was too speculative to be placed before the jury.

However, the court admitted the statements to the nurse and the rap lyrics, finding that their probative value regarding motive, intent, and planning outweighed their prejudicial effect, provided a limiting instruction is given.

The photograph was excluded due to its low probative value and high potential for prejudice.