The defendant was convicted of sexual touching (s. 152 Criminal Code) after a non-jury trial.

This decision concerns sentencing.

The complainant was four years old at the time of the single, brief incident.

Aggravating factors included the victim's young age, vulnerability, and the defendant's position of trust, as well as the significant emotional impact on the complainant.

Mitigating factors included the historical nature of the offence (17 years prior), the defendant's lack of recent criminal convictions, the brief and isolated nature of the act, and his current role as a caregiver for his ailing father and grandmother, along with significant health issues.

The Crown sought a custodial sentence of two years less a day or two years in a penitentiary, followed by probation.

The defence sought a conditional sentence.

The court imposed a conditional sentence of two years less one day, to be served in the community with house arrest for the entire period, followed by three years of probation, and various other orders including a 10-year and lifetime weapon prohibition, and a 20-year Sex Offender Information Act order.