The court sentenced an elderly offender convicted after trial of sexual assault, sexual interference, and sexual exploitation against his granddaughter over a prolonged period beginning when she was a young child.
Applying the sentencing objectives in the Criminal Code and the appellate guidance for persistent sexual abuse of children by a trusted adult, the court held that a penitentiary sentence would ordinarily be required and that a conditional sentence was far below the proper range.
The court nevertheless treated the offender's advanced age and serious medical condition as exceptional mitigating factors and imposed one year of incarceration followed by three years of probation.
Ancillary DNA, weapons prohibition, and sex offender registry orders were also made.
