The defendant was convicted of sexual assault and sexual interference following trial.
The sexual assault conviction was conditionally stayed pursuant to the Kienapple principle.
The defendant was sentenced for sexual interference contrary to section 151 of the Criminal Code.
The defendant challenged the mandatory minimum sentence of 90 days imprisonment as constituting cruel and unusual punishment under sections 7 and 12 of the Canadian Charter of Rights and Freedoms.
The court dismissed both Charter applications and imposed the mandatory minimum sentence of 90 days, less credit for pre-trial custody.
