K.M. was convicted by a jury of sexual assault, sexual touching, and invitation to sexual touching involving a 13-year-old victim.
The court conducted a Gardiner hearing and found that K.M. had rubbed oil on the complainant's stomach for sexual purposes, participated in mutual masturbation, and had sexual intercourse with the complainant multiple times.
The Crown sought a sentence of six to seven years, while the defence sought one year incarceration plus three years probation.
The court considered aggravating factors, including the victim's age, K.M.'s non-traditional position of trust, and the grooming behaviour, and mitigating factors, such as K.M. being a first-time offender.
Emphasizing denunciation and deterrence, the court imposed a sentence of 66 months (five and a half years) incarceration, along with a DNA order and a 20-year SOIRA order, declining a weapons prohibition or public park restriction.
