M. Soucy

The offender was convicted of multiple sexual offences, including sexual assault and sexual interference, against his intimate partner's young daughter over a two-year period.

The Crown sought a global sentence of 12 to 14 years, while the defence proposed 7 years.

The court emphasized the profound breach of trust, the young age of the victim, and the severe psychological harm caused.

After weighing the aggravating factors, including uncharged conduct of making child pornography, against the offender's lack of a criminal record and harsh pre-sentence custody conditions, the court imposed a sentence of 11 years' imprisonment, less credit for time served.

The court also imposed a lifetime SOIRA order and 15-year prohibition orders under s. 161 of the Criminal Code.

The accused, having been found guilty of sexual offences against a minor, applied to reopen the trial prior to sentencing based on fresh evidence from a pre-sentence report.

The proposed evidence suggested the complainant had attempted to access a pornography website months after her police interview.

The court first considered the admissibility of this evidence under s. 276 of the Criminal Code.

The court dismissed the s. 276 application, finding the evidence lacked relevance and did not provide an alternative explanation for the complainant's detailed knowledge of sexual activity.

The court further held that even if admissible, the application to reopen the trial would be dismissed as the evidence could not reasonably be expected to affect the verdict.