Mr. D. Slessor

K.S. was found guilty of sexual assault, sexual interference, and invitation to sexual touching involving a 14-year-old complainant.

The court applied the Kienapple principle, staying the sexual assault and invitation to sexual touching charges, and entering a conviction for sexual interference.

The primary issue for sentencing was the appropriate custodial term, considering aggravating factors (sexual intercourse and oral sex) and mitigating factors (no criminal record, remorse, isolated incident, fault based on lack of due diligence regarding age).

The Crown sought a five-year penitentiary term, while the defence sought 12 months imprisonment plus probation.

The court imposed a sentence of 15 months imprisonment followed by two years probation, along with ancillary orders (DNA, SOIRA, firearms prohibition, communication prohibition), but declined a s. 161 order.

The defendant pleaded guilty to possession of child pornography and making child pornography available to others contrary to sections 163.1(3) and (4) of the Criminal Code.

Police executed a search warrant at his home and seized his computer and two memory sticks containing three child pornography video files and 4,176 pictures and 144 videos of child pornography.

A chat log revealed the defendant discussing sadistic acts with a person in the United States.

The defendant, a 63-year-old certified accountant with a prior similar conviction in Manitoba in 2005, was sentenced to an additional two years in jail (effective sentence of three years and 24 days including pre-trial custody), followed by three years of probation, along with ancillary orders including firearm prohibition, DNA sampling, sex offender registry compliance, and restrictions on proximity to children and computer use.