Sentence appeal allowed in part to narrow overly broad s. 161(1) prohibition order; custodial term upheld.
The appellant, a youthful first offender of Indigenous heritage, appealed his 17-month custodial sentence and the terms of a 10-year prohibition order under s. 161(1) of the Criminal Code for sexual interference.
The Court of Appeal dismissed the appeal regarding the length of the custodial sentence, finding no reversible error in the application of the principle of restraint or Gladue factors.
However, the Court allowed the appeal in part to vary the s. 161(1) order, striking an unlawful non-contact term, reducing a geographical restriction from 2 kilometres to 500 metres, and clarifying a supervision requirement to prevent the order from being unworkably restrictive.
