Mr. H. Limheng

The defendant pleaded guilty to sexual assault of a 17-year-old victim who was his wife's sister.

The offences occurred over several months in 2018 and involved the defendant administering muscle relaxant in coffee without consent and engaging in non-consensual sexual contact while the victim was incapacitated or drowsy.

The defendant, aged 29 at the time of the offence, has significant cognitive and developmental disabilities, including Klinefelter Syndrome and an IQ in the first percentile.

The Crown sought six months custody followed by probation, while the defence sought a conditional sentence of 12 to 15 months.

The court imposed a 12-month conditional sentence with electronic supervision, followed by two years probation, along with ancillary orders including SOIRA registration, DNA collection, weapons prohibition, and a section 161 order restricting contact with persons under 16.

The accused pleaded guilty to two counts of possession of child pornography in the form of text messages sent on December 25, 2017, contrary to s. 163.1(4) of the Criminal Code.

The messages were sent to a woman with three pre-pubescent children, whom the accused had met online.

The accused explicitly described sexual acts he wished to perform on the children and attempted to persuade the recipient to allow him to babysit and engage in such conduct.

The Crown sought six months custody plus probation and ancillary orders.

The defence sought a conditional sentence or, alternatively, an intermittent sentence.

The court imposed 90 days jail plus time served (23 days credited at 1.5:1), 36 months probation, and ancillary orders including a lifetime sex offender information registration order, a s. 161 order restricting access to children, and a s. 109 firearms prohibition order.