This decision concerns the sentencing of Solomon Nnadede, who was found guilty of sexual assault contrary to s. 271 of the Criminal Code.
The assaults occurred three times over nine months against a vulnerable 21-year-old homeless refugee claimant who was financially and spiritually dependent on the offender, a church pastor.
The court considered aggravating factors such as the victim's vulnerability, the breach of trust, the manipulative context, and the substantial impact on the victim.
Mitigating factors included the offender's lack of criminal record, pro-social life, and efforts to support his family.
The court also addressed collateral immigration consequences, noting they cannot lead to a disproportionate sentence.
The Crown sought 8-9 years, while the defence sought a conditional sentence.
The court sentenced the offender to 5 years in the penitentiary, along with ancillary orders including a weapons prohibition, DNA sample, Sex Offender Registry registration, and a no-contact order.