M. Eshuis

The offender was found guilty of sexually assaulting a sleeping victim while intoxicated.

The Crown sought a nine-month custodial sentence, while the offender sought a conditional sentence order and an exemption from SOIRA registration.

The court emphasized the principles of denunciation and deterrence, noting the offender's high moral blameworthiness and lack of insight.

The court sentenced the offender to four months in jail followed by two years of probation, and denied the SOIRA exemption.

The accused, a foreign national, pleaded guilty to assaulting his child with a hockey stick.

The Crown sought a custodial sentence, while the accused sought a conditional discharge to avoid deportation.

The court noted that while a conditional discharge for such an offence is extremely rare following 2005 Criminal Code amendments, the accused had already served 36 days in pre-sentence custody.

The court granted a conditional discharge, reasoning that it was in the public interest to allow the family to remain in Canada where the child could be protected by the terms of a probation order, rather than facing deportation to their home country.