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.
